Roadmap: Private Nuisance

Does Claimant have a sufficient interest in the land affected? [[Yes->Is the gist of the claim damage to an interest in land?]] [[No->No liability (Hunter)]]

Is the gist of the claim damage to an interest in land? [[No->No liability (Hunter)]] [[Yes->Is the Defendant's use of land ultra-hazardous and has there been an isolated escape of something dangerous?]]

No liability (//Hunter//)

Is the Defendant's use of land ultra-hazardous and has there been an isolated escape of something dangerous? [[Yes->Was damage reasonably foreseeable?]] [[No->Is the interference with the Claimant's land/interest in land unreasonable?]]

Was damage reasonably foreseeable? [[Yes->No liability (Rylands v Fletcher)]] [[No->No liability (Rylands v Fletcher, Cambridge Water)]]

Is the interference with the Claimant's land/interest in land unreasonable? Extent/Duration: (//Andrae//) Time of Day: (//Halsey//) Motivation: (//Hollywood, Christie//) Foreseeability: (//Morris//) Locality: (//St Helens, Coventry//) (Only relevant where damage is intangible) [[Yes->Is there a valid defence available?]] [[No->No liability]]

No liability (//Rylands v Fletcher//)

No liability (//Rylands v Fletcher, Cambridge Water//)

Is there a valid defence available? [[Yes->No liability]] [[No->Liability in nuisance]]

No liability

Liability in nuisance Should the court grant an injunction or award damages in lieu? (//Coventry, Shelfer//)