20. Public nuisance

What is public nuisance?

A public nuisance is one that materially affects the reasonable comfort and convenience of a class of the public. It need not affect every member of that class: Attorney-General v PYA Quarries. Examples include blocking a highway, dangerous structures next to a road, and pollution affecting a whole neighbourhood.

Public and private nuisance compared

Unlike private nuisance, the claimant does not need an interest in land. Public nuisance can also cover personal injury and financial loss. One set of facts can be both, as in Halsey v Esso Petroleum.

Who can bring proceedings?

Because it is a wrong against the public, the usual remedy is a prosecution or a civil action by the Attorney-General (a 'relator action') for an injunction. An individual can sue in tort only if he suffers special damage, meaning harm different in kind or much greater than that of the public generally.

Special damage can be personal injury, as in Castle v St Augustine's Links, where a taxi driver lost an eye when a golf ball was sliced onto the road. It can be property damage or financial loss, as in Tate & Lyle v GLC, where silt blocked access to a jetty. Delay or inconvenience suffered by everyone is not enough.

Nuisance on the highway

Highway cases are the most common. A person who creates a danger on or next to the highway, or obstructs it unreasonably, may be liable. Temporary and reasonable obstructions, such as unloading a lorry, are allowed.

Defences and remedies

Statutory authority and the defences to negligence (such as contributory negligence) may apply. Prescription is not a defence to public nuisance. The remedies are damages for the person who suffered special damage and an injunction.