Private Nuisance in UK Law

Leading Cases
  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Junio 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.

  • Attorney General v PYA Quarries Ltd
    • Court of Appeal
    • 15 Marzo 1957

    Even the answe "Two's company, three's a crowd" will ot commenad the assent of those present unless they first agree on "which two". I prefer to look to the reason of the thing and to any that a public nuisance is a nuisance which is so widespread in its reange or so indisoriminate in its effect that it would not be reasonable to expect one person to take proceedings on his own responsibility to put a stop to it, but that it should be tken on the rsponsibility of the community at large.

  • Allen v Gulf Oil Refining Ltd
    • House of Lords
    • 29 Enero 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.

  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 Abril 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.

  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 Diciembre 1995

    I can well see that in such a case the public interest must be allowed to and prevail that it would be inappropriate to grant an injunction (though whether that should preclude any award of damages in lieu is a question which may need further consideration). The Court should be slow to acquiesce in the extinction of private rights without compensation as a result of administrative decisions which cannot be appealed and are difficult to challenge.

  • DPP v Jones and Another
    • House of Lords
    • 04 Marzo 1999

    The question to which this appeal gives rise is whether the law today should recognise that the public highway is a public place, on which all manner of reasonable activities may go on. Provided these activities are reasonable, do not involve the commission of a public or private nuisance, and do not amount to an obstruction of the highway unreasonably impeding the primary right of the general public to pass and repass, they should not constitute a trespass.

  • Clift v Welsh Office
    • Court of Appeal (Civil Division)
    • 23 Julio 1998

    As Sir Wilfred Greene M.R. recognised, when one is dealing with temporary and normal operations, such as demolition and building, there are good reasons why, as a matter of policy, the law should expect neighbours to put up with a certain amount of discomfort and inconvenience; provided that precautions are taken to see that the nuisance is reduced to a minimum.

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Legislation
  • Locomotive Act 1861
    • UK Non-devolved
    • 1 de Enero de 1861
    ...... to extend to any Tolls authorized to be taken in respect of any private Roads or private Bridges, or to the Roads comprised in ‘TheCommercial. ...Right of Action in case of Nuisance.13 Right of Action in case of Nuisance. 13. Nothing in this Act contained ......
  • Sanitary Act 1866
    • UK Non-devolved
    • 1 de Enero de 1866
    ......, and Pumps, and Powers in relation thereto, vested in the Nuisance Authority by the Seventh Section of the Act passed in Session of the ... Any Chimney (not being the Chimney of a private Dwelling House) sending forth Black Smoke in such Quantity as to be a ......
  • Public Health Act 1936
    • UK Non-devolved
    • 1 de Enero de 1936
    ......relating to the sewering of private streets to the. satisfaction of the council carrying that enactment. into ...persons to maintain that length of the sewer,. or to abate any nuisance therein, or to contribute. in proportions to, or indemnify the authority. ......
  • Building Act 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ......existing sewer by means of a private sewer to be constructed. either by the owners of the buildings in such ...be prejudicial to health or a nuisance, or. .   . ( d . ) a cesspool, private sewer or drain formerly used ......
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Books & Journal Articles
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Law Firm Commentaries
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