Public and Private Nuisance

Introduction

There are various potential torts a claimant may employ where the grievance relates to something occurring on or in regard to **land**. In practice, **private nuisance** is the most significant of these. This chapter explores the two categories of nuisance — **private nuisance** and **public nuisance** — together with the related rule in **Rylands v Fletcher**, the **remedies** available (damages, injunction and abatement) and the principal **defences** (statutory authority and 'coming to the nuisance').

Assessment focus

For SQE1 FLK1, you must be able to **distinguish private nuisance from public nuisance** and apply each to a realistic client scenario. Key examinable points include: the three types of interference recognised in **Hunter v Canary Wharf [1997] AC 655**; the factors that make an interference **unlawful** (duration and frequency, extent of harm, character of the neighbourhood, public benefit and **malice**); who may **sue** (a proprietary interest is required in private nuisance but not in public nuisance, where the claimant must instead prove **special damage**); the **strict-liability** rule in **Rylands v Fletcher (1868) LR 3 HL 330**; and the available **remedies and defences**. Questions are single best answer questions (SBAQs) set in client-based scenarios — you must **apply**, not merely recall.

Study tips

1) Memorise the **three interferences** in Hunter v Canary Wharf: encroachment, direct physical damage, and interference with quiet enjoyment. 2) Memorise the five **unlawfulness factors**: duration/frequency, extent of harm, character of the neighbourhood, public benefit and **malice**. 3) Remember the **standing distinction**: private nuisance needs a **proprietary interest**; public nuisance needs **special damage** (direct, substantial and beyond that suffered by the class). 4) Note that **public nuisance is both a crime and a tort**, can cover **one-off events**, and allows recovery of **pure economic loss and personal injury** (unlike private nuisance). 5) Rylands v Fletcher = **strict liability** for the escape of something dangerous brought onto land during a **non-natural use**, where the damage is **foreseeable**.