Tort Law- defences to private nuisance
sturges v bridgeman
for over 20 years D had used noisy machinery. C then built a consultation room situated near Ds machinery. prescription failed as a defence as the nuisance only began when Cs new building was erected.
metroopolitan asylum district managers v hill
did the relevant statute authorise D to situate an isolation hospital in a present residential area? held that it would be a private nuisance. D had been granted a conditional authority meaning he could have a hospital but limitations of where he could do this
allen v gulf-oil
gulf oil secured a private act of parliament for importation of crude oil. However a gap in the legislation, which although there was authorisation to build the facility, there was no express authorisation to operate the refinery. The operation of the plant was authorised by necessary implications
sedliegh-denfield v O'callaghan
the local authority tresspassed onto land owned by monks and they put in place a drain that carries water across the land, the drain has a great and it becomes blocked and floods the Cs land nect to the monks land. It was concluded by the HoL that the monks were aware of this and they didnt take reasonable steps to resolve the problems
adams v ursell
Ds ran a fish and chips shop in and area where residents enjoyed a high level of amenity. D argued that his business served the public interest by making meals available to poorer residents. Ds argument was rejected as it is not a defence
Gilliingham BC v Medway Dock
planning permission granted for a former dockyard to be used as a commercial port, consequently amenity was diminished
wheeler v saunders
D obtained planning permission to build two housing units for pigs close to Cs property. the smell reduced Cs amenity. this was not planning permission concerned with advancing the public interest and so it did not stop the bringing of a claim in private nuisance.
redland bricks v morris
Ds clay digging operations undermined Cs wall, the cost of restorying support to Cs wall was £35,000, the value of the land affected by Ds clay digging operations was £1,500. mandatory junction was refused by HoL
Kennaway v thompson
Cs house lay next to a lake. power boat races take place across the lake. the CoA granted a qualified injunction with a restriction on the number of boat races, the duration of the races and the specified noise levels