What is special damage in a public nuisance claim?

Special damage is loss particular to the claimant and different in kind or degree from the general inconvenience. Personal injury, property damage and lost trade can all count.

What did Benjamin v Storr (1874) decide?

Horses and vans standing outside a coffee house blocked the light and left a persistent smell. The court held the owner could sue, because the loss of custom was special damage beyond the general obstruction.

What did Tate and Lyle Industries v Greater London Council [1983] decide?

Ferry terminals built in the Thames caused silting that obstructed access to the claimant's jetty. The House of Lords found a public nuisance and treated the dredging costs as special damage.

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Tort: Torts Connected to Land

Suing in public nuisance: special damage and the Attorney-General

3 things to know
Components 2 and 3

Overview

Relator action and special damage in a public nuisance claim.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Who normally brings proceedings for public nuisance?

Key term

What is a relator action?

Key term

When may an individual sue in public nuisance?

Questions from this subtopic

Each one with the model answer underneath.

1
Who normally brings proceedings for public nuisance?
Model answer
The Attorney-General brings proceedings on behalf of the public. A local authority may also act under section 222 of the Local Government Act 1972.
2
What is a relator action?
Model answer
A relator action is brought by the Attorney-General at the request of a private individual. The individual bears the cost while the Attorney-General lends the authority of the office.
3
When may an individual sue in public nuisance?
Model answer
An individual may sue only on proof of special damage beyond that suffered by the rest of the class. Damage common to everybody gives no private right of action.
4
What is special damage in a public nuisance claim?
Model answer
Special damage is loss particular to the claimant and different in kind or degree from the general inconvenience. Personal injury, property damage and lost trade can all count.
5
What did Benjamin v Storr (1874) decide?
Model answer
Horses and vans standing outside a coffee house blocked the light and left a persistent smell. The court held the owner could sue, because the loss of custom was special damage beyond the general obstruction.
6
What did Tate and Lyle Industries v Greater London Council [1983] decide?
Model answer
Ferry terminals built in the Thames caused silting that obstructed access to the claimant's jetty. The House of Lords found a public nuisance and treated the dredging costs as special damage.

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AAn interim injunction restrains publication before trial.

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