public nuisance
- Created by: natalia ailoaie
- Created on: 12-01-24 12:11
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- public nuisance- a nuisance which materially affects the reasonable comfort and convenience of life of a class of her majesty's subjects- ag v pya quarries
- nuisance must affect a 'class of people'
- r v ong-the class of people that would've been affected by the nuisance were the football spectators
- r v lowrie- hoax calls to the emergency services pleaded guilty to causing a public nuisance.
- abusive letters- not a nuisance to a class of people- r v rimmington
- jokes- the defendant didn't know that the salt would escape the envelope and cause a nuisance- r v Goldstein
- ways civil actions can be brought against public nuisance
- 1. by a realtor action.
- these are brought in the name of AG on behalf of a private citizen. such actions are rare
- possible reasons for realtor actions
- 1. there are statutory bodies such as local authorities who will usually bring the actions
- 2. ag is unlikely to agree to a realtor action unless there is a special damage and, if there is special damage, private citizens can bring actions in their ow name without permission from ag
- 3. most nuisance which the affect the citizen can be prosecuted under statutory provisions rather than public nuisance
- 2. by a local authority under the local government act 1972 s222
- 3. an action for tort by a private citizen who can show that he has suffered special damage beyond that experienced by the others of her majesty's subjects
- 1. by a realtor action.
- defences
- in addition to the general defences of tort, statutory authority is the main defence to public nuisance.
- prescription cannot be used as a defence to a charge of public nuisance
- civil remedies for public nuisance: damages and injections
- statutory nuisance- created by and contained in acts of p to cover those nuisances which are most damaging to the environment or to public health
- environmental protection act 1990- if a nuisance occurs which amounts to something in s79 then an individual may complain about it but the onus is on the local authority to investigate and then take action.
- nuisance must affect a 'class of people'
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