Look up "nuisance" in Cambridge Dictionary and the first example you'll see is this: "I've forgotten my umbrella – what a nuisance!"

Lots of things in life can be a nuisance – but in the law, it means something more specific. You'll be hard-pushed to sue the Post Office for having a long queue.

What, then, does it mean in a legal context? In this article, we take you on a whistle-stop tour of public and private nuisance in UK law.

The three types of nuisance

In tort, there are three types of nuisance: statutory, public and private.

Statutory nuisance is when you complain to the local council about noises, smells and other annoyances that substantially interfere with your quality of life.

Your upstairs neighbour's fondness for the symphonies of Gustav Mahler might be deeply annoying – but it would have to be sustained over a long period for the council to take it seriously.

Public nuisance, by contrast, is where a large group of people is affected. A classic example of this would be a music festival that has a negative impact on a group of people in the area.

It was this kind of nuisance that John Major was attempting to clamp down on in the Criminal Justice and Public Order Act 1994. This sought to restrict raves and free parties on the grounds of nuisance (although it's not stopping him from appearing at this year's Kite Festival).

In these cases, it's typical for the attorney-general to bring the nuisance claim on behalf of the group. However, there's room for a private suit if you can claim you've suffered individually more than most and deserve compensation.

Finally, there's private nuisance. This is where one individual sues another because their peace and quiet have been or continue to be disturbed. Lawsuits don't come cheap – so there has to be a breakdown of communication between parties for it to become a court matter.

To qualify as a private nuisance, the problem has to be an intentional, unlawful interference with someone else's quality of life.

It also has to be indirect. This is what distinguishes nuisance from trespass. If a person comes onto your land or property, they're trespassing. If your land or property is disturbed by noise, smoke, vibrations or the like, you could be the victim of nuisance.

Defences

There are three main defences against accusations of nuisance.

The first is statutory authority. This is where the cause of the nuisance has been sanctioned by Parliament. If the government wants to build a railway line, its legal supremacy trumps any complaint about the noise caused.

Statutory authority is often confused with planning permission – but the two are distinct. If you get planning permission to build an orangery, you haven't been given carte blanche to cause a nuisance.

If your neighbour takes you to court for repeatedly holding noisy barbecues, you can't justify it by saying that the council gave you permission. You remain responsible for the noise you cause.

Finally, there's prescription. If you've been making a nuisance for over 20 years, your neighbour loses their right to complain. The 20 years are measured from the moment the claimant became aware of the nuisance they're suing over.

What are the remedies for nuisances?

Let's say you believe yourself to be the victim of a public or private nuisance. What remedies can you seek through the courts?

The first is an injunction. This is a court order to limit an activity or to stop it altogether. This typically applies when the nuisance is ongoing – if, for instance, your quality of life is being ruined by building works.

However, if the nuisance has ended, an injunction isn't of much use to you. In this case, you would seek compensation – essentially an apology in the shape of money.

Finally – and most rarely – there's abatement. This is where you stop the nuisance yourself – for instance, if you go round to a neighbour's house where a party is happening and pull out the aux.

This is rare because it's hard to do legally. If you don't have permission to be on another person's land or property, you could end up getting sued for trespass.

Let's take a look at a couple of classic nuisance cases in tort law.

Christie v Davey (1893)

In this case, a complaint arose because the defendant taught music lessons and threw parties at her home. The claimant, her neighbour, asked her to keep it down – and when she didn't, started shouting, blowing whistles, banging trays and generally making a din whenever she made a noise.

He sued for nuisance – but the court held in favour of the defendant. The judge found that her lessons were of a reasonable length and volume – and in the end, it was the claimant who had an injunction against him for nuisance behaviour.

Dennis v Ministry of Defence (2003)

This case happened when the Ministry of Defence set up an RAF base near Walcot Hall – a Grade I-listed limestone mansion in Cambridgeshire.

Farmer Darby Dennis and his wife Catherine sued, claiming that their human rights were infringed by the training exercises of RAF Harrier jets and that their property had gone down in value by seven million pounds.

The judge ruled that the base couldn't be shut down as it served the public interest – but the Dennises were compensated £950,000.

The couple said they were "delighted" with this outcome – and they were probably even happier when the Harrier jet was withdrawn from service in 2010.

The bottom line

Nuisance cases can be complex, and it's important to go into them equipped with the facts. If you do find yourself the victim of a nuisance or wrongfully accused of causing one, it can be advisable to seek legal help to ensure the best outcome possible.

At Milners Law, our Leeds solicitors provide expert legal support that doesn't cost the earth. Get in touch today for a free, no-obligation consultation.