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6 Cards in this Set
- Front
- Back
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Intro |
Public nuisance > ‘something which materially affects the reasonable comfort and convenience of a class of Her Majesty’s subjects’ A crime - usually prosecuted by the Attorney-General. However, it is possible for a party to sue under tort if they have suffered special damage. |
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Requirement 1 |
1. A class of people For action to be successful > there must be a substantial class of people affected by the nuisance This is a question of fact and a nuisance will usually be considered as affecting a class of people if it’s affects are quite wide Attorney General v PYA Quarries Ltd |
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Requirement 2 |
2. Special Damage The claimant must also show that he/she has suffered special damage beyond any of the other affected members of the group. This could include personal injury, damage to goods and financial loss. Rose v Miles Remember the defendant has already been punished by the criminal law - so the fact that you have to have suffered special damages protects the claimant against multiple actions |
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Examples of public nuisance claims |
• Obstruction to a highway – perhaps due to queues at football match/concert • A picket line • Projections over a highway which cause damages such a signs, hoardings and other artificial structures • Noise and traffic disruption |
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Defences |
Volenti Contributory negligence Statutory Authority > Allen v Gulf Oil Refining |
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Remedies |
Injunction > benefits all parties Special damages > benefit the C |
