Nuisance and the rule in Rylands v Fletcher - Public nuisanc...

Learning Outcomes

This article outlines the key principles of public nuisance relevant to the SQE1 assessment. It explains the definition of public nuisance, the requirement for a 'class of people' to be affected, and the necessity for a claimant to demonstrate 'special damage'. It also contrasts public nuisance with private nuisance and briefly covers relevant defences and remedies. After studying this material, you should be able to identify the elements of public nuisance and apply them to SQE1-style multiple-choice questions involving scenarios of widespread interference. You should also be confident in distinguishing when an interference is sufficiently public in nature (affecting a representative cross‑section) and when an individual has suffered particular harm over and above the general inconvenience, including personal injury, economic loss or property damage. In addition, you should be able to recognise who can sue (Attorney-General, local authority, individual with special damage), evaluate common defences (for example, statutory authority, unforeseeable acts, act of God, necessity), and select the appropriate remedy (injunction or damages) by reference to the characteristics of the interference and the parties involved.

SQE1 Syllabus

For SQE1, you are required to understand the core principles of public nuisance, differentiate it from private nuisance and the rule in Rylands v Fletcher, and apply the legal rules to practical scenarios, with a focus on the following syllabus points:

• The definition and nature of public nuisance.
• The requirement that a 'class of people' must be affected.
• The necessity for an individual claimant to prove 'special damage' beyond that suffered by the class.
• Who can bring an action in public nuisance (e.g., Attorney-General, local authority, individual with special damage).
• The types of damage recoverable in public nuisance (including personal injury).
• Key defences relevant to public nuisance claims.
• The distinction between public and private nuisance.
• Reasonableness and foreseeability of harm in public nuisance (including the effect of isolated incidents).
• Typical factual patterns (obstruction of the highway, offensive trades, quarry blasting, mass events) and how they are analysed.
• The impact of statutory frameworks on enforcement (for example, public bodies’ roles) and the continued availability of tort claims for individuals with special damage.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following is essential for an individual to bring a claim in tort for public nuisance?
   1. They must have a proprietary interest in the land affected.
   2. The interference must be continuous.
   3. They must have suffered damage over and above the rest of the class affected.
   4. The defendant must have acted maliciously.

2. True or false? Public nuisance is only a tort and cannot be prosecuted as a crime.

3. Which case is a leading authority on the definition of the 'class of people' required for public nuisance?
   1. Rylands v Fletcher
   2. Hunter v Canary Wharf
   3. Attorney-General v PYA Quarries Ltd
   4. Sturges v Bridgman
4. Can damages for personal injury be recovered in a claim for public nuisance?
   1. Yes
   2. No

Introduction

While private nuisance protects an individual's use and enjoyment of land, public nuisance addresses conduct that interferes with the rights, comfort, or convenience of the public generally or a section of the public. Unlike private nuisance, it is not primarily concerned with interests in land and is both a crime and a tort. As to the criminal aspect, the common law offence has been replaced by a statutory offence of intentionally or recklessly causing public nuisance under the Police, Crime, Sentencing and Courts Act 2022; this change does not alter the availability of civil actions in tort for public nuisance. For SQE1, you need to understand the elements required for an individual to bring a tortious claim for public nuisance and distinguish it from private nuisance.

Public Nuisance Explained

Public nuisance covers a wide range of interferences that affect the community. It differs significantly from private nuisance in its scope and requirements. The tort is engaged where the defendant’s conduct materially affects the reasonable comfort and convenience of life of a section of the public. A classic example is obstruction of the highway affecting users as a group; other examples include offensive trades, dust and vibrations from quarry blasting, and mass events that cause widespread disruption.

Key Term: Public Nuisance
An act or omission which materially affects the reasonable comfort and convenience of life of a sufficiently large group of people (a 'class of Her Majesty's subjects').

Historically, actions for public nuisance were brought by the Attorney-General on behalf of the community. However, an individual can bring a tort claim if specific conditions are met.

The interference must be sufficiently unreasonable in the circumstances. While continuity is not required (an isolated incident can suffice), not every temporary interference will be actionable: short, ordinary obstructions incidental to everyday life (such as brief loading/unloading where reasonable) may be considered reasonable and not amount to a nuisance. The focus is on whether the conduct is unreasonable in its effect on the public.

The Requirement for a 'Class of People'

For conduct to amount to a public nuisance, it must affect a representative cross-section of a class of the public. There is no exact number required; it depends on the facts. Authorities have treated as a class:

• Local communities affected by industrial operations such as quarry blasting, dust and noise.
• Users of a public highway put at risk by recurring hazards (for example, golf balls frequently driven onto the road).
• Groups with common characteristics where a public activity causes widespread harm (for example, residents exposed to toxic dispersal).
• Large assemblies such as spectators at a football match whose collective comfort and convenience are materially affected.

The court asks whether, as a matter of fact, the interference affects a section of the public rather than discrete individuals. The leading authority is Attorney-General v PYA Quarries Ltd [1957] 2 QB 169 (CA), where quarry operations causing dust, noise and flying splinters affected the local community; the Court of Appeal held that sufficient members of the public were affected.

Worked Example 1.1

A factory emits noxious fumes that affect residents in several streets nearby, causing eye irritation and breathing difficulties for many. Would this likely affect a 'class of people'?

Answer:
Yes, affecting residents across several streets is likely to be considered a sufficiently large group or 'class of people' for the purposes of public nuisance (Attorney-General v PYA Quarries Ltd [1957] 2 QB 169 (CA)).

In contrast, conduct directed at many separate individuals rather than at the public as a whole does not amount to public nuisance. The modern position emphasises that public nuisance should target community-level harm and not be used to prosecute or litigate conduct covered by specific statutory offences.

Exam Warning

Be careful not to confuse public nuisance affecting a group with multiple private nuisances affecting individuals separately. Public nuisance requires interference with a public right or a common injury to a section of the public. Sending offensive letters to many individuals, for example, was held not to constitute public nuisance (R v Rimmington [2005] UKHL 63). The House of Lords indicated that public nuisance should not be used to address conduct aimed at disparate individuals where a more specific statutory offence exists. Ensure the facts point to harm to a community or a class.

Worked Example 1.2

An organiser runs an overnight “acid house” party in local woods. Thousands attend, roads become blocked by parked cars, and there is widespread noise, litter, and human waste. Residents up to several miles away complain of vibrations and sleep disturbance. Does this affect a class of people?

Answer:
Yes. The interference with the comfort and convenience of local residents constitutes a public nuisance. Mass obstruction and widespread noise impacting the local community meets the “class of people” requirement. This mirrors criminal authority where such events have been treated as public nuisance due to their community-wide impact.

Worked Example 1.3

A perpetrator deliberately disables floodlights during a large evening football match, disrupting the game for thousands of spectators. Does this satisfy the class requirement?

Answer:
Yes. Spectators at the match constitute a class of people. Disabling floodlights materially affects the comfort and convenience of that class, amounting to public nuisance on appropriate facts.

The Requirement for 'Special Damage'

For an individual to succeed in a tort claim for public nuisance, they must prove they suffered special damage.

Key Term: Special Damage (in Public Nuisance)
Damage suffered by the individual claimant that is different in kind or significantly greater in degree than that suffered by the general public affected by the nuisance.

This requirement prevents a multiplicity of claims for the same interference. Special damage can be personal injury, property damage, or economic loss, provided it is over and above the general inconvenience experienced by the class. The damage must be reasonably foreseeable; remote losses are not recoverable.

Worked Example 1.4

A chemical spillage blocks a public highway for two days. Many commuters are delayed. Ahmed, a taxi driver, loses two days' worth of fares because he cannot use the road for his business. Has Ahmed suffered special damage?

Answer:
Yes, Ahmed's loss of earnings is likely to be considered 'special damage' as it is a direct financial loss significantly greater than the general inconvenience suffered by other road users merely being delayed.

Worked Example 1.5

Golf balls frequently stray from a course onto a public road. A driver is struck and suffers a fractured wrist and damage to their windscreen. Can the driver sue in public nuisance?

Answer:
Yes. Regular escape of golf balls onto the highway affects the class of highway users. The driver’s personal injury and property damage are special damage over and above the common risk and inconvenience, supporting a tort claim in public nuisance.

Types of Recoverable Damage

Unlike private nuisance, damages for personal injury are recoverable in public nuisance. Economic loss and property damage can also be claimed, provided the 'special damage' requirement is met. Examples include:

• Personal injury resulting from hazards affecting the class (for instance, injury from flying objects regularly crossing onto the highway).
• Property damage (such as damage to vehicles or buildings caused by widespread emissions or debris).
• Economic loss (for example, lost profits from obstruction of the highway or closure of access routes), where the claimant’s financial loss is more than the general inconvenience suffered by the class.

Foreseeability operates as a limit on recoverable damage: even where a class is affected and special damage is proved, the type of damage must be reasonably foreseeable. Additionally, causation must be demonstrated; the loss must be caused by the public nuisance rather than independent events.

Who Can Sue?

• The Attorney-General: Can sue on behalf of the public, typically seeking an injunction. This route is used where the interference is best restrained for the benefit of the community as a whole.
• Local Authority: Can sue under statutory powers on behalf of local inhabitants, often in environmental or highway contexts.
• An Individual: Can sue in tort if they have suffered special damage. Unlike private nuisance, the claimant does not need an interest in land. Individuals with no proprietary interest may recover for personal injury or property damage where the class and special damage requirements are satisfied.

These routes are compatible. A local authority or the Attorney-General may pursue injunctive relief to abate the nuisance, while individuals may seek damages for their particular loss.

Who Can Be Sued?

The defendant is typically the person or entity that created the nuisance or is responsible for the state of affairs causing the nuisance. Businesses operating offensive trades or organising mass events, landowners who create or permit hazards affecting highway users, and individuals who interfere with public amenities can be liable. Liability is not avoided simply because others contribute to the overall interference; being one contributor to a collective nuisance is not a defence.

Defences to Public Nuisance

General defences applicable to torts, such as statutory authority (where the activity causing the nuisance is authorised by statute) and Act of God, may apply. Contributory negligence can reduce damages.

Statutory authority can be a complete defence where Parliament has authorised the activity and the nuisance is the inevitable consequence of operating under that statutory power; the court will interpret the statute to determine whether the nuisance itself was authorised. The defence of Act of God is narrow and applies only to extraordinary natural events which could not be reasonably foreseen; ordinary heavy weather will not suffice if the defendant’s works caused or exacerbated the problem.

An unforeseeable act of a stranger can defeat liability if the defendant could not reasonably anticipate and guard against the third party’s act. Necessity may also apply where the defendant’s actions were a reasonable response to an imminent danger to life or limb.

Consent (volenti) may apply in unusual cases where the claimant freely and knowingly accepts the risk of the public activity causing the interference, though it is rarely relevant in public nuisance claims.

Revision Tip

Remember that certain defences applicable to private nuisance do not apply to public nuisance. Notably, prescription (acquiring the right to commit a nuisance through 20 years' continuation) is not a defence to public nuisance. Similarly, arguing that the claimant 'came to the nuisance' is generally ineffective. Planning permission is not in itself a defence; at most, it may inform reasonableness, but cannot legalise a nuisance. Public benefit is not a defence to liability, although it may influence the remedy (for example, damages rather than an injunction).

Remedies

The main remedies sought in public nuisance claims are:

• Injunctions: To stop or limit the nuisance, often sought by the Attorney-General or a local authority. An injunction restrains future conduct and is appropriate where community-level harm needs abatement. Courts balance the public interest and practical implications when granting injunctive relief.
• Damages: To compensate an individual claimant who has suffered special damage. Recoverable heads include personal injury, property damage and consequential economic loss, subject to causation and foreseeability.

Where public benefit is significant, courts may prefer damages to an injunction to avoid undue disruption, provided the interference can be addressed by compensation for those with special damage.

Public Nuisance vs Private Nuisance

It is essential for SQE1 to distinguish between these two torts. Public nuisance protects public rights and does not require a proprietary interest to sue if special damage is proved. Private nuisance protects interests in land, generally requires continuity, and personal injury is not ordinarily recoverable.

Table 1.1: Public vs Private Nuisance

Public nuisance and private nuisance can overlap factually. For example, large-scale emissions may both disturb public rights (public nuisance) and interfere with neighbours’ enjoyment of land (private nuisance). The correct cause of action depends on who is affected and whether the claimant meets the special damage requirement (for public nuisance) or has a proprietary interest (for private nuisance).

Key Point Checklist

This article has covered the following key knowledge points:

• Public nuisance concerns interference with the rights/comfort of a class of the public.
• It is both a crime and a tort; the criminal offence is now statutory, while the tort remains available.
• A key element is that a 'class of people' must be affected by the nuisance.
• An individual claimant in tort must prove they suffered 'special damage' beyond that of the general class.
• Unlike private nuisance, an interest in land is not required to sue, and damages for personal injury are recoverable.
• Reasonableness and foreseeability of damage operate as limits on liability in public nuisance.
• Defences include statutory authority, act of God (narrow), unforeseeable act of a stranger, necessity and contributory negligence; prescription and “coming to the nuisance” are not defences.
• Planning permission and public benefit do not provide a defence to liability, though public benefit may affect the remedy granted.
• Remedies include injunctions (often sought by public bodies) and damages (for individuals proving special damage).
• Do not confuse multiple private wrongs against individuals with a single public nuisance; the interference must be to a community or class.

Key Terms and Concepts

• Public Nuisance
• Special Damage (in Public Nuisance)