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32 Cards in this Set
- Front
- Back
Winfield and Jolowicz |
Unlawful interference with a persons use or enjoyment of their land |
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Malone v laskey Hunter v Canary Wharf |
Claimant must have an interest or exclusive possession in the land |
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McKenna |
Can claim under art 8 |
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Matania v national provisional bank |
Occupier exercises control over members |
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Sturges v Bridgeman |
Locality is irrelevant for tangible nuisance |
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Sturges v Bridgman |
Nuisance in belgrave square is not in Bermondsey |
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Ocallaghan |
Balancing act |
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Dr Keysers royal hotel |
Pile driving do it in the day |
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Robertson v kilvert |
Is it an abnormal or unusual activity |
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Network rail v cj Morris |
Using electronic equipment is a feature of everyday life |
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Buxton LJ |
Foreseeability of the relevant damage would interfere |
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Halsey v esso |
Damages to chattels only |
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Romer LJ |
Affects the reasonable comfort and convenience of life of her majesty’s subjects |
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Romer LJ |
Affects the reasonable comfort and convenience of life of her majesty’s subjects |
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AG v PYA Quarries |
No absolute number for the number in a class Question of fact |
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Romer LJ |
Affects the reasonable comfort and convenience of life of her majesty’s subjects |
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AG v PYA Quarries |
No absolute number for the number in a class Question of fact |
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AG for Ontario orange productions |
Pop concert AG stopped it |
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Interference with WiFi network - Earnest |
Loss of business - direct and substantial damage |
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Earnest being blocked in |
Loss of Custom - Fritz v Hobson |
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Local authority action |
S222 local gov act 1972 |
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Rylands v Fletcher |
Claimants mine flooded |
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Exchequer chamber Blackburn J |
- brings on his land Something likely to do mischief - it escapes - non-natural use - foreseeability of damage of the relevant type |
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1. Likely to do mischief |
Transco plc v Stockport |
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1. Likely to do mischief |
Transco plc v Stockport |
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Transco plc v Stockport |
Exceptionally high risk of danger if it escapes - if cooking oil escapes - high risk |
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2. Escape |
Read v j llyons - no escape |
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3. Non natural use |
Not naturally there Richards v Lothian |
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Rickards v Lothian |
Increased danger to others should it escape |
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Cambridge water co v eastern leather |
Storing substantial amounts of chemicals on your land is a non natural use |
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Transco v Stockport |
Could you insure yourself on it? If not then not a natural use |
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4. The forseaability of damage of the relevant type |
Cambridge water co - not foreseeable it would travel miles |