Nuisance and the rule in Rylands v Fletcher - Public nuisance

Learning Outcomes

This article outlines the key principles of public nuisance relevant to the SQE1 assessment. It explains the definition of public nuisance, the requirement for a 'class of people' to be affected, and the necessity for a claimant to demonstrate 'special damage'. It also contrasts public nuisance with private nuisance and briefly covers relevant defences and remedies. After studying this material, you should be able to identify the elements of public nuisance and apply them to SQE1-style multiple-choice questions involving scenarios of widespread interference.

SQE1 Syllabus

For SQE1, you need to understand the core principles of public nuisance and differentiate it from private nuisance and the rule in Rylands v Fletcher. Your focus should be on applying the legal rules to practical scenarios.

Pay attention to the following syllabus areas during your revision:

• The definition and nature of public nuisance.
• The requirement that a 'class of people' must be affected.
• The necessity for an individual claimant to prove 'special damage' beyond that suffered by the class.
• Who can bring an action in public nuisance (e.g., Attorney-General, local authority, individual with special damage).
• The types of damage recoverable in public nuisance (including personal injury).
• Key defences relevant to public nuisance claims.
• The distinction between public and private nuisance.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is essential for an individual to bring a claim in tort for public nuisance?
   1. They must have a proprietary interest in the land affected.
   2. The interference must be continuous.
   3. They must have suffered damage over and above the rest of the class affected.
   4. The defendant must have acted maliciously.

2. True or false? Public nuisance is only a tort and cannot be prosecuted as a crime.

3. Which case is a leading authority on the definition of the 'class of people' required for public nuisance?
   1. Rylands v Fletcher
   2. Hunter v Canary Wharf
   3. Attorney-General v PYA Quarries Ltd
   4. Sturges v Bridgman
4. Can damages for personal injury be recovered in a claim for public nuisance?
   1. Yes
   2. No

Introduction

While private nuisance protects an individual's use and enjoyment of land, public nuisance addresses conduct that interferes with the rights, comfort, or convenience of the public generally or a section of the public. Unlike private nuisance, it is not primarily concerned with interests in land and is both a crime and a tort. For SQE1, you need to understand the elements required for an individual to bring a tortious claim for public nuisance and distinguish it from private nuisance.

Public Nuisance Explained

Public nuisance covers a wide range of interferences that affect the community. It differs significantly from private nuisance in its scope and requirements.

Key Term: Public Nuisance
An act or omission which materially affects the reasonable comfort and convenience of life of a sufficiently large group of people (a 'class of Her Majesty's subjects').

Historically, actions for public nuisance were brought by the Attorney-General on behalf of the community. However, an individual can bring a tort claim if specific conditions are met.

The Requirement for a 'Class of People'

For conduct to amount to a public nuisance, it must affect a representative cross-section of a class of the public. There is no exact number required; it depends on the facts.

Worked Example 1.1

A factory emits noxious fumes that affect residents in several streets nearby, causing eye irritation and breathing difficulties for many. Would this likely affect a 'class of people'?

Answer: Yes, affecting residents across several streets is likely to be considered a sufficiently large group or 'class of people' for the purposes of public nuisance (Attorney-General v PYA Quarries Ltd [1957] 2 QB 169 (CA)).

Exam Warning

Be careful not to confuse public nuisance affecting a group with multiple private nuisances affecting individuals separately. Public nuisance requires interference with a public right or a common injury to a section of the public. Sending offensive letters to many individuals, for example, was held not to constitute public nuisance (R v Rimmington [2005] UKHL 63).

The Requirement for 'Special Damage'

For an individual to succeed in a tort claim for public nuisance, they must prove they suffered ‘special damage’.

Key Term: Special Damage (in Public Nuisance)
Damage suffered by the individual claimant that is different in kind or significantly greater in degree than that suffered by the general public affected by the nuisance.

This requirement prevents a multiplicity of claims for the same interference.

Worked Example 1.2

A chemical spillage blocks a public highway for two days. Many commuters are delayed. Ahmed, a taxi driver, loses two days' worth of fares because he cannot use the road for his business. Has Ahmed suffered special damage?

Answer: Yes, Ahmed's loss of earnings is likely to be considered 'special damage' as it is a direct financial loss significantly greater than the general inconvenience suffered by other road users merely being delayed.

Types of Recoverable Damage

Unlike private nuisance, damages for personal injury are recoverable in public nuisance. Economic loss and property damage can also be claimed, provided the 'special damage' requirement is met.

Who Can Sue?

• The Attorney-General: Can sue on behalf of the public, typically seeking an injunction.
• Local Authority: Can sue under statutory powers on behalf of local inhabitants.
• An Individual: Can sue in tort if they have suffered special damage. Unlike private nuisance, the claimant does not need an interest in land.

Who Can Be Sued?

The defendant is typically the person or entity that created the nuisance or is responsible for the state of affairs causing the nuisance.

Defences to Public Nuisance

General defences applicable to torts, such as statutory authority (where the activity causing the nuisance is authorised by statute) and Act of God, may apply. Contributory negligence can reduce damages.

Revision Tip

Remember that certain defences applicable to private nuisance do not apply to public nuisance. Notably, prescription (acquiring the right to commit a nuisance through 20 years' continuation) is not a defence to public nuisance. Similarly, arguing that the claimant 'came to the nuisance' is generally ineffective.

Remedies

The main remedies sought in public nuisance claims are:

• Injunctions: To stop or limit the nuisance, often sought by the Attorney-General or a local authority.
• Damages: To compensate an individual claimant who has suffered special damage.

Public Nuisance vs Private Nuisance

It is essential for SQE1 to distinguish between these two torts.

Table 1.1: Public vs Private Nuisance

Key Point Checklist

This article has covered the following key knowledge points:

• Public nuisance concerns interference with the rights/comfort of a class of the public.
• It is both a crime and a tort.
• A key element is that a 'class of people' must be affected by the nuisance.
• An individual claimant in tort must prove they suffered 'special damage' beyond that of the general class.
• Unlike private nuisance, an interest in land is not required to sue, and damages for personal injury are recoverable.
• The defence of prescription does not apply to public nuisance.
• Remedies include injunctions (often sought by public bodies) and damages (for individuals proving special damage).

Key Terms and Concepts

• Public Nuisance
• Special Damage (in Public Nuisance)