#17347 - Public Nuisance - GDL Tort Law

“...an act or omission which materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects” (AG v PYA Quarries [1957])

Difference Public and Private:

• Public nuisance is a tort and a crime.

• Cannot sue for personal injury in private nuisance.

• Need not have a right in relation to land affected.

Who can sue:

• Individuals can only sue if they can show that they have suffered ‘special damage’ over and above the class of affected people.

  • Tate & Lyle v GLC [1983] – build-up of silt caused by new ferry terminal built by D. Prevented Tate from using their jetty. Other users only suffered navigability issues.

  • Lyons v Gulliver [1914]– theatre encouraged people to queue outside blocking entrance to tea shop which lost business. Others merely suffered inconvenience.

  • Halsey v Esso Petroleum [1961] – living particularly close to the noise.

• Local authorities or the AG can sue in their own right to protect citizens of an area

• NB can sue for multiple torts at once.

Requirements:

• 1) an act or omission…

  • This is unreasonable interference: see private nuisance

• 2) …which materially affects the reasonable comfort and convenience of life…

  • This includes any damage, but it must be more than trivial, including:

    • Pure economic loss (Rose v Miles (1815))

    • Personal injury

    • Allowing pigeons to roost under a bridge (Wandsworth LBC v Railtrack)

• 3) …of a class of Her Majesty’s subjects”

  • A group of people must be affected. The greater the number of people more likely it is a class...