Public Nuisance in UK Law
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Attorney General v PYA Quarries Ltd
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It is, however, clear, in my opinion, that any nuisance is "public" which materially affects the reasonable comfort and conventience of life of a class of Her Majesty's subjects. It is not necessary, in my judgment, to prove that every member of the class has been in juriously affected; it is sufficient to show that a representative cross-section of the class has been so affected for an injunction to issue.
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.
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Wheeler v JJ Saunders Ltd
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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.
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Southport Corporation v Esso Petroleum Company Ltd (Inverpool.)
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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.
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Corby Group Litigation v Corby Borough Council
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The purpose of the law which makes it a crime and a tort to do an unlawful act which endangers the life, safety or health of the public is surely to protect the public against the consequences of acts or omissions which do endanger their lives, safety or health. One obvious consequence of such an act or omission is personal injury. The purpose of this law is not to protect the property interests of the public. But the two torts are distinct and the rights protected by them are different.
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Sedleigh-Denfield v O'Callaghan and Others
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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.
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Allen v Gulf Oil Refining Ltd
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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.
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Air Weapons and Licensing (Scotland) Act 2015
... ... , can be permitted to possess an air weapon without danger to the public safety or to the peace ... (2) The chief constable may, when considering ... , to how it will affect the objectives of—(i) preventing public nuisance, crime and disorder,(ii) securing public safety,(iii) protecting children ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... , alarm or distress to any person,(b) conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of ... of removing or reducing the likelihood of—(a) members of the public in the locality being harassed, alarmed or distressed, or(b) the ... ...
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Commons Act 1876
... ... to the Commissioners to be proper for the protection of any public ... interests, and provided also that the Commissioners are of opinion ... nuisance, and if any person does any act in respect of which he is ... liable to ... ...
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Licensing Act 2003
... ... objectives are—(a) the prevention of crime and disorder;(b) public safety;(c) the prevention of public nuisance; and(d) the protection of ... ...
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?Personal injury damages have no place within the tort of nuisance': A critical analysis of the validity of Professor Newark's assumption
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 ... ...
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Far Beyond ‘The Early Morning Crowing of a Farmyard Cock’:
Revisiting the Place of Nuisance within Legal and Political Discourse
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 ... 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 ... ...
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Déjà Q in the Australian nightlife: ID scanners and violent crime in night-time entertainment districts
On July 1, 2017, the mandatory use of identification (ID) scanners as a prerequisite to licenced venue entry came into effect in all 15 major night-time entertainment districts (NEDs) across Queens...... ... ID scanner legislativechange, while general summary offences (i.e., public nuisance) and indictable offences (e.g., assaults)remained statistically ... ...
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Déjà Q in the Australian nightlife: ID scanners and violent crime in night-time entertainment districts
On July 1, 2017, the mandatory use of identification (ID) scanners as a prerequisite to licenced venue entry came into effect in all 15 major night-time entertainment districts (NEDs) across Queens...... ... ID scanner legislativechange, while general summary offences (i.e., public nuisance) and indictable offences (e.g., assaults)remained statistically ... ...
- "Accidentally" Crossing The Boundary: The High Court Holds That A Property Developer's Trespass And Nuisance Onto A Neighbouring Property Was Not "accidental" For The Purpose Of A Public Liability Policy
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Pigeons In Balham
... ... The case concerned the nuisance caused to the good citizens of Wandsworth as they tiptoed somewhat gently ... It therefore brought an action in public nuisance against Railtrack. At first instance, Gibbs J granted a ... ...
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Occupants Of Properties Adjacent To Toxic Danger Able To Sue For Personal Injuries
... ... the proceedings to include a claim in public nuisance. D sought ... to strike out the public nuisance claim on the ... ...
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Question: Is an invasion of privacy a legal nuisance?
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 platf...... ... 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 ... ...