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4 Cards in this Set
- Front
- Back
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Key elements to prove |
1) Does the claimant have a standing? 2) Reasonable use? 3) Defences? |
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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) |
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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]
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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. |
