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22 Cards in this Set
- Front
- Back
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Anything that moves / emanates - something blocking signal not enough |
Canary Wharf |
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Physical Damage - eg fumes damaging crops |
St. Helens smelting |
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Must have a property right for standing |
Malone v Laskey |
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Encroachment - eg trees overhanging, balls being annoying |
Miller v Jackson |
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Loss of Amenity - eg dust |
Canary Wharf v Hunter |
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Substantial interference - long period of time or unreasonable times of day |
Kennaway v Thompson |
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N/A isolated events unless they cause actual property damage |
British Celanese |
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Can be short lived but at inconvenient times of day |
De Keysers |
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Must be out of ordinary not everyday living |
Baxter v Camden |
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Sometimes consider locality |
Sturges v Bridgman - Bermondsey and belgrave |
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Practically impossible to claim for loss of amenity in industrial areas |
St. Helens smelting v tipping |
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Planning permission can be considered but only really in respect if locality |
Coventry v Lawrence Gillingham v Medway |
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Sensitive use of land? |
Walter v Selfe : law does not protect elegant and dainty habits
Robinson v Kilbert CF McKinnon Industries |
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Must be foreseeable kind of damage - eg Cs music studio not foreseeable amount of tech to be disrupted |
Network Rail v Morris |
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Utility of Conduct - generally irrelevant at this stage |
Adams v Ursell Dennis v MOD |
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Bad motivations / malice |
Hollywood v silver fox farm |
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Defences of Prescription |
20 years somewhere from start of cs knowledge of nuisance sturges v Bridgman |
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Coming to nuisance will not be a defence |
Coventry v Lawrence |
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Statutory authority - full defence |
Allen v Gulf oil refinery |
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Ryland v Fletcher |
Non natural use of land (Cambridge)
Accumulation of something might cause mischief in land if escapes (transco says high danger)
It escapes (stannard v gore)
Causes harm of foreseeable kind (Cambridge) |
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Defences? |
Act of 3rd person / stranger Richard v Lothian Act of god must be really rare (greencock corporation) Consent by C to bring that thing on land - but negated if released due to Negligence colour quest
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Public Nuisance |
Affects a class of her majesty’s people - comfort and convenience PYA Quarriers |
