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PUBLIC NUISANCE - Coggle Diagram
PUBLIC NUISANCE
EVALUATION
In the Corby case, CA confirmed the accepted view that it’s only open to the SC to depart from accepted practice, meaning that different rules apply for public and private nuisance
In a claim for public nuisance it’s possible to claim for personal injury, while in private nuisance it isn’t
The judgement made in the Corby case opens up the possibility that similar public nuisance actions may be brought against other councils and landowners, and the legal principles in the case may be of great use to those who might seek to take action in the future
In the Corby case CA pointed out that the scope of public nuisance is broader than private nuisance; in particular public nuisance isn’t confined to the protection of the use or enjoyment of land
On this basis the functions of the 2 torts are different so it’s inconsistent for personal injury damages to be claimable in public nuisance but not in private nuisance
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