Nuisance Caused in UK Law

Leading Cases
  • Manchester, Lord Mayor, Aldermen and Citizens of the City of v Farnworth
    • House of Lords
    • 28 November 1929

    When Parliament has authorised a certain thing to be made or done in a certain place, there can be no action for nuisance caused, by the making or doing of that thing if the nuisance is the inevitable result of the making or doing so authorised.

  • Southport Corporation v Esso Petroleum Company Ltd (Inverpool.)
    • Court of Appeal
    • 03 June 1954

    In an aotion for a public nuisance, once the nuisance is proved and the defendant is shown to have caused it, then the legal burden is shifted on to the defendant to justify or excuse himself. If ho fails to do so, he is held liable, whereas in an action for negligence the legal burden in most cases remains throughout on the plaintiff. He must plead and prove a sufficient justification or excuse.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 June 1940

    A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society.

  • Allen v Gulf Oil Refining Ltd
    • House of Lords
    • 29 January 1981

    It is now well settled that where Parliament by express direction or by necessary implication has authorised the construction and use of an undertaking or works, that carries with it an authority to do what is authorised with immunity from any action based on nuisance.

    It confers immunity against proceedings for any nuisance which can be shown (the burden of so showing being upon the appellants) to be the inevitable result of erecting a refinery upon the site�not, I repeat, the existing refinery, but any refinery�however carefully and with however great a regard for the interest of adjoining occupiers it is sited, constructed and operated.

  • Cambridge Water Company v Eastern Counties Leather
    • House of Lords
    • 09 December 1993

    Of course, although liability for nuisance has generally been regarded as strict, at least in the case of a defendant who has been responsible for the creation of a nuisance, even so that liability has been kept under control by the principle of reasonable user — the principle of give and take as between neighbouring occupiers of land, under which "

  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 April 1997

    But diminution in capital value is not the only measure of loss. In the case of a transitory nuisance, the capital value of the property will seldom be reduced. But the owner or occupier is entitled to compensation for the diminution in the amenity value of the property during the period for which the nuisance persisted. To some extent this involves placing a value upon intangibles.

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Legislation
  • Public Health (London) Act 1891
    • UK Non-devolved
    • January 01, 1891
    ......   . ( a . .) Any premises in such a state as to be a nuisance or injurious. or dangerous to health;.   . ( b . .) Any pool, ditch, ...by whose act, default, or sufferance, the nuisance was caused; and. in case of nuisances caused by the act or default of the owner of. ......
  • Public Health (Ireland) Act 1878
    • UK Non-devolved
    • January 01, 1878
    ......, or destruction of any sewer shall be so done as not to create a nuisance. S-21 . Cleansing sewers. 21 Cleansing sewers. . 21. Every sanitary ... given, then of the person by whose act or default the nuisance was caused; and in case of nuisances caused by the act or default of the owner of ......
  • Public Health Act 1936
    • UK Non-devolved
    • January 01, 1936
    ......persons to maintain that length of the sewer,. or to abate any nuisance therein, or to contribute. in proportions to, or indemnify the authority. ...to health or a nuisance;.   . ( d . ) any dust or effluvia caused by any trade, business,. manufacture or process and being. prejudicial to ......
  • Public Health Act 1875
    • UK Non-devolved
    • January 01, 1875
    ......done as not to create a nuisance. S-19 . Cleansing sewers. 19 Cleansing sewers. . . Every local ...was caused; and in case of nuisances caused by the act or. default of the owner of ......
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Books & Journal Articles
  • We Can Terrorise Them! Young Offender Perceptions of Police Community Support Officers
    • Nbr. 82-2, June 2009
    • Police Journal: Theory, Practice and Principles
    The public have regularly called for the return of the ‘bobby on the beat’ and the ‘Dixon of Dock Green’ way of policing, and under the Police Reform Act (2002) we have seen a return to neighbourho...
    ......PCSOs spend much of their time dealing with nuisance caused by youths. With this in mind, observations and short ......
  • Far Beyond ‘The Early Morning Crowing of a Farmyard Cock’: Revisiting the Place of Nuisance within Legal and Political Discourse
    • Nbr. 11-1, March 2002
    • Social & Legal Studies
    Private and public nuisance have been the subject of extensive legal scholarship; however, far less has been said about nuisance as a sociolegal and political concept. Bringing a no...
    ...... of nuisance claims, this article seeks to draw together discussions of nuisance in very different contexts – from the tortious injuries caused by sounds, vibrations and odours crossing property boundaries to the everyday claims that particular identities or statuses represent an impediment ......
  • Quarterly Summary
    • Nbr. 22-2, April 1958
    • Journal of Criminal Law, The
    ...... (18th December, 1957). STATUTORY NUISANCE Macfarlane v. Gwalter A grating in the pavement of a public highway ... She claimed damages for nuisance caused by breach of the defendant's duty imposed by s. 35 (I) of the ......
  • MODERN TRENDS IN THE LAW OF TORTS
    • Nbr. 1-1, June 1937
    • The Modern Law Review
    ...... a number of other actions, such as most cases of nuisance, the action based on Rylands v. Fletcher, liability of ... 108, a Gas Company was held liable for an explosion caused in an hotel through leaking gas, the leakage having been caused ......
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Law Firm Commentaries
  • Privacy from overlooking – enviable views come at a price - Fearn & Others v. The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch)
    • JD Supra United Kingdom
    The High Court has recently denied relief to residents of a glass-walled apartment block from the intrusion into privacy caused by a neighbouring viewing platform.
    ...... of a glass-walled apartment block from the intrusion into privacy caused by a neighbouring viewing platform. Despite the residents' claim being jected, the ruling confirms that a nuisance claim based on intrusion into privacy can be made, albeit in limited ......
  • Landlord Liability For Tenant Nuisance
    • Mondaq United Kingdom
    ......The Supreme Court has now determined a separate issue arising from the same dispute, namely the liability of a landlord for a nuisance caused by the landlord's tenant. In summary, a landlord will not be liable for a nuisance caused by its tenant except where the landlord authorises or ......
  • A Licence Can End Up Being A Real Nuisance
    • Mondaq UK
    ...... to a bare licence, the Judge ordered Mrs Waring to pay GBP 1,000 and Ms Eacott to pay GBP 3,500 in damages to the Cockings for the nuisance caused by the barking (but not the shouting as it had stopped following the ASBO). Mrs Waring and Ms Eacott were also found to be jointly and severally ......
  • Real Estate Bulletin - Summer 2016
    • Mondaq UK
    ...... in Coventry v Lawrence in relation to a landlord's liability for nuisance committed by a tenant when it comes to nuisance caused by a licensee The ......
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Forms
  • Chapter DMBM537210
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... some of the environmental impact of landfill, such as the damage caused by the generation of methane (which contributes to global warming), ion of ground water and the nuisance to local residents caused by litter, noise, smell etc. There is ......
  • Chapter BIM35590
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......“By an expenditure of capital I will get rid of this nuisance affecting my business, and have his room rather than his company by making ... unfettered and unimperilled by the presence of one who might have caused difficulty to the ......
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