Nuisance – Private Nuisance

As already indicated in the facts, this question relates to the tort of private nuisance. To answer this kind of question, you must first state the two-part test stated by the SCC in Antrim, and then provide your answer according to the analysis of the test before arriving at a conclusion.

Secondly, the facts contain a not so obvious issue about the legal status of Marjorie vis-à-vis the action in nuisance. Many candidates will miss this but you must address this issue too; otherwise you would have missed an important point and may thereby lose valuable passing marks.

In reaching a conclusion in our sample answer below, we have identified the two issues involved and addressed them accordingly in line with judicial authorities.