Law:

Section:

(a) Tort--- ----Nuisance---Definition---"Nuisance" could be defined as an action (or sometimes a failure to act) on the part of a defendant, which was not otherwise authorised, and which caused an interference with the claimant's reasonable enjoyment of his land, or which unduly interferes with the claimant's enjoyment of his land. (b) Tort--- ----Nuisance---Activity causing nuisance---Locality, assessment of---Whether a particular activity caused a nuisance often depended on an assessment of the locality in which the activity concerned was carried out. Sturges v Bridgman (1879) 11 Ch D 852, 865 ref. (c) Tort--- ----Private nuisance---Nuisance by noise---Issues to be considered by a court in relation to a claim for nuisance by noise. Following are the issues which are to be considered by a court when deciding a claim for nuisance by noise. (i) The extent, if any, to which it is open to a defendant to contend that he has established a prescriptive right to commit what would otherwise be a nuisance by means of noise; (ii) The extent, if any, to which a defendant to a nuisance claim can rely on the fact that the claimant "came to the nuisance"; (iii) The extent, if any, to which it is open to a defendant to a nuisance claim to invoke the actual use of his premises, complained of by the claimant, when assessing the character of the locality; (iv) The extent, if any, to which the grant of planning permission for a particular use can affect the question of whether that use is a nuisance or any other use in the locality can be taken into account when considering the character of the locality; (v) The approach to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages instead, and the relevance of planning permission to that issue. (d) Judgment--- ----Judge, duty of---Judgment---Issues of fact and law---Identifying and resolving such issues in clear terms---Where there had been a relatively long and expensive hearing (of a case), it was important that the judge clearly identified for his own benefit as well as that of the parties, all the issues of fact and expert opinion that were in issue,…

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