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Private Nuisance

- To sue in private nuisance, a claimant must have a legal interest in the land affected.

Hunter v Canary Wharf

- A person can be liable for a private nuisance which he did not create, if he adopts the activity in question.

Sedleigh-Denfield v O'Callaghan

- A person can be liable for a private nuisance which he does not create but which he authorises.

Tetley v Chitty

- Industrial activities are more likely to be a nuisance in a residential area.

Halsey v Esso

- Even in an industrial zone, a D does not have the right to carry out activities which inflict physical damage on his neighbour’s properties.

St Helens Smithing v Tipping

- Even a single incident can amount to a nuisance.

Crown River Cruises v Kimbolton Fireworks

- A claim in private nuisance will fail if the C’s use of his land is so sensitive that even ordinary activities on the part of the D create an interference.

Bridlington Relay v Yorkshire Electricity

- A C can sue for the full extent of his loss, even though his use of his land is extra sensitive, if the D’s activities would have disturbed even a normal use.

McKinnon v Walker

- If an activity is in the public interest, the C may fail to win an injunction but may still win damages.

Dennis v MOD

- Malice on the part of the defendant can convert a lawful activity into an unlawful activity.

Hollywood Silver Fox Farm v Emmett and Christie v Davey

- A D will escape liability in private nuisance if his activities have been authorised by Parliament.

Allen v Gulf Oil

- A D will not escape liability in private nuisance simply because he was there before the C.

Sturgess v Bridgeman

- Whether an injunction is granted to stop a private nuisance will depend in part on balancing the interests of the parties and the community.

Miller v Jackson

- Damages for loss of use and enjoyment will be equivalent to the loss in value to the affected premises.

Hunter v Canary Wharf

- Only damages which are reasonably foreseeable can be claimed.

The Wagon Mound

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