WJEC Eduqas A Level Law Book 2 sample

Torts connected to land 35 Civil actions against public nuisance Civil actions can be brought against those committing a public nuisance in three ways. The remedies sought will be damages and a prohibitory injunction. 1. By a realtor action . These are brought in the name of the Attorney General on behalf of a private citizen who has persuaded the Attorney General to agree to the action. Such actions are rare. Possible reasons for this include the following: • There are statutory bodies, such as local authorities, who will usually bring the actions. • The Attorney General is unlikely to agree to a realtor action unless there is special damage and, if there is special damage, private citizens can bring actions in their own name without the permission of the Attorney General. • Most nuisance which the affects the citizen can be prosecuted under statutory provisions rather than public nuisance. • The Attorney General will often receive no applications for a realtor action in any particular year. 2. By a local authority under s222 Local Government Act 1972 . 3. By an action for tort by a private citizen who can show that they have suffered special damage beyond that experienced by the others of ‘Her Majesty’s subjects’. Private nuisance A private nuisance is an interference with a person’s enjoyment and use of their land. It is a civil action. When courts and law reports refer to a ‘nuisance’, they are usually referring to a private nuisance and not a public nuisance. When statute law refers to a ‘nuisance’, it usually means both public and private nuisance unless otherwise stated. Types of private nuisance Private nuisances are of three kinds: 1. Nuisance by encroachment on a neighbour’s land . For example, the roots from a tree in a garden grow under the ground and into a neighbour’s garden, damaging the foundations of the neighbour’s house. 2. Nuisance by direct physical injury to a neighbour’s land. For example, driving a car over a neighbour’s garden, damaging their garden. 3. Nuisance by interference with a neighbour’s quiet enjoyment of their land. For example, playing Justin Bieber music all night, every night, and stopping a neighbour from sleeping. Lord Lloyd in Hunter and Others v Canary Wharf Ltd (1997) and Hunter and Others v London Docklands Corporation (1997) stated that just because something is an annoyance does not mean it is actionable in private nuisance. For example, a building interfering with television signals is an annoyance but is not actionable as a private nuisance. Noisy music that disturbs your neighbours could be regarded as a private nuisance