Understanding Public Nuisance Law Cases
Explore various public nuisance law cases, including instances of criminal offenses and civil proceedings. Learn about the impacts on the public, legal actions taken, and rights for personal injury claims in public nuisance situations.
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Presentation Transcript
Public Nuisance Affects the comfort & convenience of the public Rather than just an individual
Public Nuisance is a criminal offence R v Johnson D convicted of public nuisance D made several hundred phone calls more than a dozen women over period of 6 years
Class of people Nuisance must affect a class of people Nuisance would have to be so widespread that it would not be reasonable to expect one person to take steps to stop it
Public nuisance is a criminal offence R v Johnson D convicted public nuisance Several hundred obscene phonecalls to over a dozen women over period of 6 years (Women were sufficient in number to constitute such a class)
Public nuisance on the highway Attorney General v Gastonia Coaches D coach operators parked 8 coaches on the highway outside their offices Interfering with free passage of traffic Injunction granted
Civil proceeding Civil proceedings to put an end to public nuisance my be brought by: Attorney general Individual with consent of (Attorney General/local authority)
Castle v St Augustines Link Taxi driver hit by gold ball from D golf course Lost his eye Evidence golf balls frequently landed on highway Successful in claiming damages for personal injury
Benjamin v Storr C owned coffee shop in covent Garden Adjacent to D auctioneers yard Horses delivering goods obstructed access to shop & strong smell of urine C successful as suffered damage over and above that suffered by general public
Defences Statutory Authority Many interferences are done by organisations Operating under an act of parliament Hammersmith & City Railway v Brand D had statutory authority to run trains along tracks adjoining C property
Planning Permission Planning Permission given by a local authority is also a defence against nuisance action Gillingham Borough Council v Medway Dock Dock co given planning permission for operation of commercial port, access via residential roads caused traffic, noise & congestion council sued in public nuisance Dock co not liable
Prescription (tolerating nuisance) Nuisance may be legalised by C tolerating activity for more than 20 years without complaint
Consent Volenti non fit injuria
Assumption of risk Accept the risk of nuisance
Contributory Negligence If the claimant has responsibility for the damage he/she has suffered
Hidden , observable defects in property If D can be shown to have been aware of defect then this defect will fail Leakey v National Trust Surface of hill of D land was liable to crack D asked to attend to danger failed to do so Large landslip damaged C property D liable as they were aware of danger
Ineffectual defences D cannot argue as a defence that his/her activity is beneficial to the public (Bellew v Cement Co ltd) The claimant came to the nuisance (miller v Jackson) The D took all reasonable care to avoid the nuisance (Rapier v London Tramways Co)
