Reply With QuoteYou've come to the right place- there are plenty of nuisances on here
Hello I have started studying again and cannot find a google for the following so hopeful of my learned fellows here . I am writing my assignment on the following : private nuisance generally : but is it a defence of a nuisance affecting the claimants use and enjoyment of his/her land if the claimants enjoyment is unlawful ( lets say dust affecting a cannabis crop in clapham) as remote as this may be. Does the claimant have to be using his land lawfully to claim restitution for actionable private nuisance. Is there a prominent case law to cite
thank you
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I would think that as it would be a civil action or complaint the plaintiff would need to come to court "with clean hands'
Ex turpi causa non oritur actio innit.
Have a look at this case in the Supreme Court for the current state of the law:
https://www.bailii.org/uk/cases/UKSC/2016/42.html
It’s akin to Atticus Finch seeking legal advice from ‘Mumsnet’.
In line with ‘clean hands’ noted already, might it be worth thinking about ‘ex turpi causa’, in terms of not being able to pursue remedy in Tort arising from an illegal act?
Edit: Distracted whilst typing and tucola beat me to it!
"Clean hands" is an equitable defence, and nuisance is a tort.
Patel v Mirza is your starting point on this, as I said above.
Edit: Lol, just seen Stringer's edit above!
Last edited by tucola; 8th November 2020 at 12:16.
Great help thank you.. i knew this was the best place to ask
thanks :)
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Where else, right? :-)Originally Posted by bdkelly72
Assuming you’re studying with an education provider such as a FE college or university? If so check with the library department.
They will likely to have access to legal databases (probably West Law).
Interesting reading. Goes on a bit, though, doesn’t it? I wonder how much that little lot cost to produce? :)
Cheers,
Plug
In case it is of interest to the OP, funnily enough, I have just come across a further very recent case in this area, again in the Supreme Court: judgment handed down on 30 October 2020.
https://www.supremecourt.uk/cases/uksc-2018-0187.html
Question seems to be whether the illegality is linked with the relief sought from the Court, such that the Court is effectively being asked to facilitate illegality, or the illegal act is conceptually separate from the relief sought, in which case the illegality may not prevent relief being obtained.
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