Nuisance and the Rule in Rylands v Fletcher FC's

Statutory Nuisance

1. Statutory - An N operating by virtue of Statute and cannot be sued for

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Public Nuisance

2. Public - An N affecting a cross section of people. Sometimes both a tort and a crime - PYA Quarries [1957] - May receive damages, injunctions.

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Private Nuisance

3. Private - "unlawful interference with a persons use of enjoyment of land or some right over, or a connection with it." - 3 Forms: 1. Physical Injury to land 2. Substantial interference with Enjoyment of Land 3. Encroachment on Neighbors land

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Only those with propriety interest can sue

(Hunter v Canary Whard [1997]

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Smell is a nuisance

Haley v Esso [1961]

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Dust is a nuisance

: London Docklands [1997]

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TV interference is a nuisance

Hunter v Canary Wharf [1997]

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Cannot sue in nuisance for public injury

Re Corby [2008]

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"Reasonable User" test

Sedleigh-Denfield v O'Calloghan [1940]

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"Reasonable User" Factor - Nature of Locaility

1. Nature of Locality - "What would be a nuisance in belgrave square may not be in bermondey" Lord Theisger in Sturges [1879]

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"Reasonable User" Factor - Duration and Frequency

2. Duration and Frequency - although a rare but substantial interference is still a nuisance - Barr v Biffa Waste [2012]

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"Reasonable User" Factor -Utility

3. Utility of Defendants Conduct? - Planning permission does not authorize nuisance - Wheeler v Saunders [1995]

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"Reasonable User" Factor - Abnormal Sensitivity

4. Abnormal Sensitivity - Will not make X an nuisance - Kilvert v Robinson [1889]

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"Reasonable User" Factor - Malice

5. Malice encourages the courts to find a nuisance - Christie v Davy [1893] - unless it stops C from having something he had no right too - Hollywood Silver Fox Farm [1936]

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Nuisance Defences

1. Statutory Authority - Allen v Gulf Oil [1981]2. 20 year prescription - Sturges v Brigman [1879]3. Inevitable accident4. Unforseen act of a stranger5. Abnormal Sensitivity

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Not Nuisance Defences

1. Coming to the Nuisance - Masters v Brent LBC [1978] 2.Utility - Adams v Ursell [1913] 3. Jus Tertii - Nicholls [1936] 4. 4. Due to many - Laniston [1894]

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Rylands and Fletcher [1868] - "Isolated Escape" Incidents with Four Requirements

1. D has brought onto his land something likely to cause mischief 2. The thing escapes (Read v Lyons [1947] if intentional its tresspass) 3. Non-natural use of land 4. Foreseeability of the type of damage

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RaF [1868] Defences

1. Claimant's fault 2. Unforeseeable act of stranger 3. Act of God 4. Statutory Authority

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Nuisance and the Rule in Rylands v Fletcher FC's

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