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Key elements to prove
1) Does the claimant have a standing?
2) Reasonable use?
3) Defences?
Malone v Laskey (1907)
Wife of licensee had a bracket fall off the wall on her while she was in the loo, due to vibrations.
No claim - wife had no proprietary interest in the land (no legal or equitable status of the property)
Khorasandjian v Bush [1993]
Girl being harrassed managed to get an injunction through private nuisance. She has no proprietary interest in the land.
Dillon LJ:“To my mind, it is ridiculous if in this present age the law is that the making of deliberately harassing and pestering telephone calls to a person is only actionable in the civil courts if the recipient of the calls happens to have the freehold or a leasehold proprietary interest in the premises in which he or she has received the calls.”
This ruling has been overturned by Hunter v Canary Wharf [1997]
Hunter v Canary Wharf [1997]
690 applications against Canary Wharf Ltd for blocking TV signal.
Held:
1. No right in nuisance for blocking the TV reception
2. The claimant needs proprietary interest in the land
Lord Hoffman:
It is the right of the owner to build whatever he pleases on his land.
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