WJEC Eduqas A Level Law Book 2 sample

Torts connected to land 33 In relation to Attorney General v PYA Quarries Ltd (1958) , Romer LJ stated: ‘The sphere of the nuisance may be described generally as “the neighbourhood”; but the question whether the local community within that sphere comprises a sufficient number of persons to constitute a class of the public is a question of fact in every case. It is not necessary, in my judgement, to prove that every member of the class has been injuriously affected; it is sufficient to show that a representative cross-section of the class has been so affected.’ Denning LJ stated: ‘I decline to answer the question how many people are necessary to make up Her Majesty’s subjects generally. I prefer to look to the reason of the thing and to say that a public nuisance is a nuisance which is 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 his own responsibility to put a stop to it, but that it should be taken on the responsibility of the community at large.’ A class of people The facts of the case will determine if the persons affected by a nuisance amount to a class of people . Class of people: Local communities In R v Ruffell (1991) , the defendant had pleaded guilty to causing a public nuisance. The nuisance had consisted of an ‘acid house’ party. A side road to the site had been blocked by traffic. Very loud music played all night and the woodlands around the site were littered with human excrement. The class of people affected by the nuisance were the local residents. The defendant unsuccessfully appealed to the Court of Appeal against the custodial sentence imposed in the Crown Court. Attorney General v PYA Quarries Ltd (1958) An injunction was obtained to prevent the defendant from emitting quantities of stones, splinters, dust and vibration from their quarry, which was disturbing local residents. The defendants unsuccessfully appealed to the Court of Appeal to have the injunction removed. The injunction was granted as the result of a ‘relator action’. This is when an injunction is sought to stop a person committing a public nuisance. Relator actions are brought in the name of the Attorney General. They are very rare today. KEY CASE