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Tort law Remedies in nuisance

Remedies in nuisance

A closer look at the remedies in private nuisance, with advice on how to choose the most appropriate remedy in exams

An injunction doesn’t always provide a satisfactory solution for both parties — see Kennaway v Thompson (1980)

This article is relevant to AQA Paper 2, OCR Component 2, Eduqas Component 2 and WJEC Unit 2.

Private nuisance is the unlawful and indirect interference with the use or enjoyment of a claimant’s land. The aim of the tort of private nuisance is to protect a claimant’s interests in their land (although it does not cover personal injury).However, the law must also balance competing interests between the claimant and defendant neighbours so each can use their own land with a degree of freedom that does not infringe on the rights of the other.

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Human rights The path to Strasbourg

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Criminal and contract law

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