The boundaries between private nuisance, public nuisance and negligence have been notoriously difficult to trace, although some clarification has been achieved by the House of Lords decision in Hunter v Canary Wharf Ltd [1997] EGCS 59. In the wake of that case a much needed tidying up job has been done by Gail Price, of the College of Law: see
Further guidance has since come from the Court of Appeal decision in Wandsworth London Borough Council v Railtrack plc [2001] 32 EG 88 (CS), effectively stating that the tort of negligence had no part to play in public nuisance, it being sufficient to establish that the defendant landowner, having become aware that something on his land threatened the safety or the comfort of the public, had failed to take reasonable steps to remove the threat.
Destined to bring happiness to students in all common law jurisdictions, the case tells of pigeon droppings raining down on Balham High Road: see Nicholson London Streetfinder (1996) p107, R2.
Related item:
Marcic v Thames Water Utlities: see
The boundaries between private nuisance, public nuisance and negligence have been notoriously difficult to trace, although some clarification has been achieved by the House of Lords decision in Hunter v Canary Wharf Ltd [1997] EGCS 59. In the wake of that case a much needed tidying up job has been done by Gail Price, of the College of Law: see Nuisance values Estates Gazette 16 September 2000, p152.
Further guidance has since come from the Court of Appeal decision in Wandsworth London Borough Council v Railtrack plc [2001] 32 EG 88 (CS), effectively stating that the tort of negligence had no part to play in public nuisance, it being sufficient to establish that the defendant landowner, having become aware that something on his land threatened the safety or the comfort of the public, had failed to take reasonable steps to remove the threat.
Destined to bring happiness to students in all common law jurisdictions, the case tells of pigeon droppings raining down on Balham High Road: see Nicholson London Streetfinder (1996) p107, R2.
Related item:
Marcic v Thames Water Utlities: see PP 2002/68.
