ABSTRACT
This chapter discusses the differences between private nuisance, public nuisance and statutory nuisance. It explains what determines who the potential parties are in each action and identifies elements for proving private nuisance. The chapter explores the requirements for proving public nuisance and analyses the scope of statutory nuisance. It examines the defences available to a claim of nuisance and also explores the tort of nuisance. The chapter describes the law to factual situations and reaches conclusions as to liability. An actionable private nuisance occurs where a person’s use or enjoyment of their land is unlawfully interfered with by activities carried on by another person on their land. The defendant was liable in nuisance for the branches of trees on his property which overhung the claimant’s land. The Council alleged a public nuisance was being caused by the operation of a former naval dockyard as a commercial enterprise.
