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.

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

    If the occupier of land suffers personal injury as a result of inhaling the smoke, he may have a cause of action in negligence. But he does not have a cause of action in nuisance for his personal injury, nor for interference with his personal enjoyment. It follows that the quantum of damages in private nuisance does not depend on the number of those enjoying the land in question.

    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
    ...... S-1 . Sanitary authority to inspect district fordetection of nuisances. 1 Sanitary authority to inspect district fordetection of nuisances. . ...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
    ......c. 77 (An Act to amend the Acts for the removal of nuisances and the prevention of diseases), as the same are amended and extended to ... 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 ......
  • Environmental Protection Act 1990
    • UK Non-devolved
    • January 01, 1990
    ...... in relation to such waste; to restate the law defining statutory nuisances and improve the summary procedures for dealing with them, to provide for ...form part and, in the case of man, includes offence caused to. any of his senses or harm to his property; and ‘harmless’ has. a ......
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Books & Journal Articles
  • 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 ......
  • Private Life and the Protection of the Environment
    • Nbr. 2-2, June 1995
    • Maastricht Journal of European and Comparative Law
    ...... Convention of Human Rights (ECHR) because of the pollution caused by a waste-treatment plant and the ensuing effects upon the ... Court by the Spanish Government and the applicant, that a nuisance remained and could endanger the health of the people living in ......
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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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