• Private Nuisance, Public Nuisance & Rylands Flashcards

    you don't need to have a legal interest in the land in order to sue for public nuisance (as an individual) an individual can sue in public nuisance if they can prove that they were affected over and above the class of individuals - this can include where they go to expense to remedy the nuisance

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    AG v PYA Quarries Ltd [1957] – per Romer LJ 'any nuisance is 'public' which materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects'. Denning: 'a nuisance which is so widespread…that it should be taken on the responsibility of the community at large'.

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    Romer LJ made this point in Attorney General v PYA Quarries Ltd [1957] 2 QB 169, where the court granted an injunction against the defendants carrying on their business in such a manner as to cause splinters to be projected from the confines of their quarry or to occasion a nuisance to Her Majesty's subjects by dust or vibration. In the ...

  • (DOC) Tort Nuisance Essay | Joel Chua - Academia.edu

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    LORD JUSTICE DENNING: I will ask Lord Justice Romer to deliver the first judgment. LORD JUSTICE ROMER: This is an appeal from an order of Mr Justice Oliver dated 25th April, 1956, whereby he granted an injunction restraining the Defendants from carrying on the business of quarrying at Penyralltwen near Pontardawe in the County of Glamorgan, in such a manner as to cause stones or splinters to ...

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    Romer LJ AG v PYA Quarries Ltd. Attorney General v PYA Quarries [1957] Facts: quarry adjoined a highway, and there were several houses abutting on the highway. Since 1949 there had been constant complaints by persons living near the quarry about the vibration and dust..

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    The claimant kept a coffee house in the Covent Garden Area of London, and the defnedant regularly elft his horses ad cars outside, obstucting the highway and blocking out light from the shops in the row. the nuisance affected all shopkeepers, but ebcause of the naute of the claiamnt's buisness he was able to prove that eh had suffered special damage, becuase the sall of the horses put the ...

  • Public nuisance - Wikipedia

    In Attorney General v PYA Quarries Ltd the issue was whether quarrying activities—which showered the neighbourhood with stones and splinters, and caused dust and vibrations—were a private nuisance affecting some of the residents (which would have been civil), but not a public nuisance affecting all Her Majesty's liege subjects living in the ...

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    AG v PYA Quarries Ltd [1957] 2 QB 169 Court of Appeal Basic Facts Injunction granted against D for quarrying operations. It made improvements to system of blasting and then requested appeal against injunction on basis that dust and vibrations no longer warranted injunction. Argued that dust and vibration only amounted to private nuisance remediable in damages, and that as such AG could not ...

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  • attorney general v pya quarries ltd - le-maatwerk.nl

    Romer LJ AG v PYA Quarries Ltd. Attorney General v PYA Quarries [1957] Facts: quarry adjoined a highway, and there were several houses abutting on the highway. Since 1949 there had been constant complaints by persons living near the quarry about the vibration and dust..

  • Nuisance - elawresources

    Public nuisance is a crime but becomes actionable in tort law if the claimant suffers 'particular damage' over and above the damage suffered by the public generally. ... Attorney General v PYA Quarries [1957] 2 WLR 770 Case summary . Tate & Lyle v GLC [1983] 2 AC 509 Case summary .

  • Attorney General v PYA Quarries - Law Teacher

    Attorney General v PYA Quarries [1957] 2 QB 169. Nuisance – Public Nuisance – Indiscriminate Effect. Facts. The defendants operated a quarry and used a blasting technique which emitted large quantities of dust and noise, as well as causing vibrations which interfered with the enjoyment of land for many individuals in the area.

  • Public Nuisance Flashcards | Quizlet

    AG v PYA Quarries. Public nuisance is an unlawful interference which materially affects the reasonable comfort and convenience of a class of her Majesty's subjects. ... Greenidge v Barbadous Light and Power Co. Ltd. In determining whether or not an actionable nuisance existed, the court was to apply the standards of the ordinary, reasonable ...

  • PUBLIC NUISANCE Flashcards | Quizlet

    AG v PYA Quarries Ltd. It must affect a class of people, described by Romer LJ in as affecting 'a class of Her Majesty's subjects', which in this case was a group of 30 residents. R v Johnson. Public nuisance is both a crime, which can be prosecuted by the CPS and a tort.

  • Attorney-General v PYA Quarries Ltd: CA 1957 - swarb.co.uk

    In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .

  • Nuisance | Nuisance | Common Law - Scribd

    Dec 08, 2008· A nuisance will not be public unless the number of persons affected is sufficiently large to constitute a class. This is a question of fact. AG v PYA Quarries (1957) Dust and vibrations caused by the operation of a quarry amounted to a public nuisance although the D tried to argue that too few people were affected by their act.

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