Public Nuisance in UK Law

Leading Cases
  • Attorney General v PYA Quarries Ltd
    • Court of Appeal
    • 15 Março 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.

  • Wheeler v JJ Saunders Ltd
    • Court of Appeal (Civil Division)
    • 19 Dezembro 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.

  • R v Madden
    • Court of Appeal (Criminal Division)
    • 24 Junho 1975

    In this particular case the conviction must be quashed on two grounds. First, the directions which the learned Recorder was persuaded by the Crown to give to the jury were not right in that those directions invited the jury to consider the potential danger to the public rather than the actual danger; or the potential risk to the comfort of the public as distinct from the actual comfort of the public.

  • Sedleigh-Denfield v O'Callaghan and Others
    • House of Lords
    • 24 Junho 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.

  • R v Johnson (Anthony)
    • Court of Appeal (Criminal Division)
    • 14 Maio 1996

    In our opinion it was conduct which materially affected the reasonable comfort and convenience of a class of Her Majesty'subjects (see Romer LJ in Attorney-General v. PYA Quarries Ltd) It was a nuisance which was so widespread in its range, or so indiscriminate in its effect, that it would not be reasonable to expect one person to take proceedings on her responsibility, but that it should be taken on the responsibility of the community at large (see Denning LJ ibid).

  • Nottingham City Council v Zain (A Minor)
    • Court of Appeal (Civil Division)
    • 31 Julho 2001

    It follows that, provided that an authority considers it expedient for the promotion and protection of the interests of the inhabitants of its area, it can institute proceedings in its own name with a view to putting a stop to a public nuisance.

  • DPP v Jones and Another
    • House of Lords
    • 04 Março 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.

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Legislation
  • Locomotives Act 1865
    • UK Non-devolved
    • 01 de Janeiro de 1865
    ...... by Steam or any other than Animal Power on any Turnpike Road or public Highway shall be worked according to the following Rules and ... Locomotive which may be so constructed or used as to be a public Nuisance at Common Law, and nothing herein contained shall affect the Right of any ......
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 01 de Janeiro de 2014
    ...... . . (b) conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of ... . . (b) section 39 of that Act (power to prohibit publication of certain matters) does so apply. S-24 . Requirements included in ......
  • Public Health (Ireland) Act 1878
    • UK Non-devolved
    • 01 de Janeiro de 1878
    ......nuisances and the prevention of diseases), as the same are amended and extended to Ireland by the  Sanitary Act, 1866 : . ‘Baths and Wash-houses Acts’ ......
  • Public Health (London) Act 1891
    • UK Non-devolved
    • 01 de Janeiro de 1891
    ...... S-1 . Sanitary authority to inspect district fordetection of nuisances. 1 Sanitary authority to inspect district fordetection of nuisances. . 1. It shall be the duty of every sanitary authority to cause to be made from ......
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Books & Journal Articles
  • ?Personal injury damages have no place within the tort of nuisance': A critical analysis of the validity of Professor Newark's assumption
    • Núm. 2-1, January 2012
    • Southampton Student Law Review
    • Bekki Flood
    • 27-34
    There is a belief that personal injury damages should be recoverable within the tort of nuisance. However, Professor Newark emphatically rejects this. By considering the two key questions of who ca...
    ...... submission with regard to private nuisance, but in his search for a categorised system of law erred in his assumption that both private and public law protect the same interests, and thus was incorrect with regard to public nuisance. The article further argues that until the judges truly ask the ......
  • Far Beyond ‘The Early Morning Crowing of a Farmyard Cock’: Revisiting the Place of Nuisance within Legal and Political Discourse
    • Núm. 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...
    ......NUISANCE WITHIN LEGAL AND . POLITICAL DISCOURSE . DAVINA COOPER . Keele University, UK . ABSTRACT . 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. ......
  • Media representation of regulated incivilities: Relevant actors, problems, solutions and the role played by experts in the Flemish press
    • Núm. 16-5, November 2016
    • Criminology & Criminal Justice
    This article analyses the representations of regulated nuisance in a section of Flemish newspapers over time. It identifies the groups of people who have been successful in conveying messages in an...
    ...... Abstract This article analyses the representations of regulated nuisance in a section of Flemish newspapers over time. It identifies the groups of ... challenges for newsmaking criminology, and more generally, for public criminology. Keywords Flemish Region (Belgium), media analysis, media ......
  • High Court
    • Núm. 65-5, October 2001
    • Journal of Criminal Law, The
    ...... High Court Liability for Offence of Public Nuisance Wandsworth LRe vRailtrack pIc [2000] 1 WLR 368 'This case is ......
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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.
    ...... the residents' claim being rejected, the ruling confirms that a nuisance claim based on intrusion into privacy can be made, albeit in limited ... the curiosity (if one can call it that) of members of the public about their flats. The flats' glass-walled "indoor balconies" comprising ......
  • Pigeons In Balham
    • Mondaq United Kingdom
    ...This article originally appeared in a previous quarterly publication by Mills-Reeve . In any discussion of the recent decision of the Court of ...The case concerned the nuisance caused to the good citizens of Wandsworth as they tiptoed somewhat gently ......
  • Occupants Of Properties Adjacent To Toxic Danger Able To Sue For Personal Injuries
    • Mondaq United Kingdom
    ......C later sought to amend. the proceedings to include a claim in public nuisance. D sought. to strike out the public nuisance claim on the ......
  • Question: Is an invasion of privacy a legal nuisance?
    • JD Supra United Kingdom
    The recent case of Fearn & Others v The Board of Trustees of the Tate Gallery [2019], concerned a dispute between the Tate Modern and its residential neighbours over the Tate’s public viewing p...
    ...... The Board of Trustees of the Tate Gallery [2019], concerned a dispute between the Tate Modern and its residential neighbours over the Tate’s public viewing platform. The case makes clear that an invasion of privacy can (although not in this case) amount to an actionable legal nuisance. The ......
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