Learning Outcomes
After reading this article, you will be able to distinguish between public and private nuisance, explain the significance of the 'class of people' and 'special damage' requirements in public nuisance, and apply the rule in Rylands v Fletcher. You will also be able to identify when strict liability applies and recognise the exam pitfalls relating to these concepts.
SQE1 Syllabus
For SQE1, you are required to understand the legal requirements for public and private nuisance, including the specific elements of a 'class of people' and 'special damage', and the operation of the rule in Rylands v Fletcher. In your revision, focus on:
- the distinction between public and private nuisance and their respective requirements
- the meaning and significance of a 'class of people' in public nuisance
- the requirement for 'special damage' to bring a civil claim in public nuisance
- the elements and application of the rule in Rylands v Fletcher, including strict liability and escape
- how these doctrines interact and differ in practical scenarios
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.
- What must a claimant prove to bring a civil action in public nuisance?
- In public nuisance, what is meant by a 'class of people'?
- Which of the following is NOT a requirement for liability under the rule in Rylands v Fletcher?
a) Non-natural use of land
b) Escape of a dangerous thing
c) Proof of negligence
d) Foreseeable type of damage - True or false? A single isolated incident can never amount to public nuisance.
Introduction
Public and private nuisance are torts that regulate the use of land and protect the rights of individuals and the community. Public nuisance focuses on interferences affecting the public at large, while private nuisance protects the rights of individuals in the use and enjoyment of their land. The rule in Rylands v Fletcher is a special form of strict liability for escapes from land. Understanding the requirements of a 'class of people' and 'special damage' is essential for answering SQE1 questions on these topics.
Public Nuisance: 'Class of People' and 'Special Damage'
What is Public Nuisance?
Public nuisance is an unlawful act or omission that materially affects the reasonable comfort and convenience of a section of the public. It is both a crime and a tort.
Key Term: public nuisance
An act or omission that materially affects the reasonable comfort and convenience of a class of the public.
The 'Class of People' Requirement
To amount to public nuisance, the interference must affect a group, not just one or two individuals. The group must be a representative cross-section of the public, such as local residents, road users, or customers of a public facility. There is no fixed number, but the impact must be widespread enough that it is unreasonable to expect only one person to bring proceedings.
Key Term: class of people
A representative group of the public affected by a nuisance, not just isolated individuals.
The 'Special Damage' Requirement
For a private individual to bring a civil claim in public nuisance, they must show that they have suffered 'special damage'—harm over and above that suffered by the general public. This can include personal injury, property damage, or financial loss that is distinct from the inconvenience suffered by others.
Key Term: special damage
Damage suffered by a claimant in public nuisance that is over and above the harm suffered by the general public.
Worked Example 1.1
A local council closes a main road for repairs, causing inconvenience to all drivers. A café owner on the road loses significant business due to the closure. Can the café owner bring a claim in public nuisance?
Answer: Yes. The road closure affects a class of people (road users), but the café owner suffers special damage (loss of business) beyond the general inconvenience, so they can bring a claim.
Who Can Sue and Who Can Be Sued?
Anyone who suffers special damage from a public nuisance can sue, even if they do not have a proprietary interest in land. The defendant is usually the person or entity responsible for creating or continuing the nuisance.
Worked Example 1.2
A factory emits smoke that causes discomfort to local residents and damages the stock of a nearby shop. The residents and the shop owner both want to sue.
Answer: The residents may not have a claim unless they suffer special damage. The shop owner, if their stock is damaged (special damage), can bring a claim in public nuisance. Exam Warning
In public nuisance, always check if the claimant has suffered special damage. Without it, they cannot bring a civil claim, even if the nuisance affects a class of people.
Private Nuisance: Comparison
Private nuisance is an unlawful interference with a person's use or enjoyment of land. Unlike public nuisance, only those with a proprietary interest in the affected land can sue, and there is no need to prove special damage—substantial interference is enough.
Key Term: private nuisance
An unlawful interference with a person's use or enjoyment of land.
The Rule in Rylands v Fletcher
The rule in Rylands v Fletcher imposes strict liability on a person who, for their own purposes, brings onto their land something likely to do mischief if it escapes, and it does escape, causing foreseeable damage.
Key Term: Rylands v Fletcher (rule)
Strict liability for damage caused by the escape of a dangerous thing from land due to non-natural use.
Elements of the Rule
To establish liability under Rylands v Fletcher, the claimant must prove:
- The defendant brought onto their land something likely to cause harm if it escapes.
- The use of land was non-natural (extraordinary or unusual).
- The thing escaped from the defendant's land.
- The escape caused foreseeable type of damage.
Key Term: non-natural use
A use of land that is extraordinary or increases the risk to others, not ordinary use in the circumstances.Key Term: escape
The movement of a dangerous thing from the defendant's land to outside their control, causing damage.
Strict Liability
Liability under Rylands v Fletcher is strict—there is no need to prove negligence. However, the claimant must show that the type of damage was foreseeable.
Worked Example 1.3
A company stores large tanks of chemicals on its land. Due to a leak, chemicals escape and contaminate a neighbour's field. The company took all reasonable care.
Answer: The company is strictly liable under Rylands v Fletcher because the storage of chemicals is a non-natural use, the chemicals escaped, and foreseeable property damage occurred.
Relationship with Public and Private Nuisance
Rylands v Fletcher is often considered a special type of private nuisance, but it can apply to isolated escapes rather than ongoing interferences. Unlike public nuisance, it does not require a class of people to be affected or special damage.
Defences
Defences to public nuisance and Rylands v Fletcher include:
- Consent of the claimant
- Act of a stranger
- Act of God (extraordinary natural event)
- Statutory authority
- Contributory negligence (may reduce damages)
Summary
| Feature | Public Nuisance | Private Nuisance | Rylands v Fletcher |
|---|---|---|---|
| Who can sue? | Anyone with special damage | Proprietary interest required | Proprietary interest required |
| Who is liable? | Creator or continuer of nuisance | Creator, occupier, or landlord | Person in control of land |
| Requirement | Class of people + special damage | Substantial interference | Non-natural use + escape |
| Type of harm | Personal injury, property, economic | Property, enjoyment of land | Property damage |
| Fault required? | No (strict) | Not always | Strict |
Key Point Checklist
This article has covered the following key knowledge points:
- Public nuisance requires interference with a class of people and special damage for a civil claim.
- The 'class of people' is a representative group of the public, not just individuals.
- Special damage is harm suffered by a claimant beyond that suffered by the public.
- Private nuisance protects proprietary interests and does not require special damage.
- The rule in Rylands v Fletcher imposes strict liability for escapes due to non-natural use of land.
- Rylands v Fletcher does not require a class of people or special damage, but does require escape and foreseeable damage.
Key Terms and Concepts
- public nuisance
- class of people
- special damage
- private nuisance
- Rylands v Fletcher (rule)
- non-natural use
- escape
