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CELE SQE1 模拟练习

Examination Timing: 00H00M23S

Emma has been operating her herbalist business for over 20 years, using two large mortar and pestles in her kitchen to pulp herbs. Recently, Dr. Paul, a psychiatrist, built a consulting room at the end of his garden, abutting the wall of Emma's kitchen. The noise and vibration from the mortars and pestles, which hadn't seemed to be a nuisance before, have now become a problem for Dr. Paul in his consulting room. Dr. Paul has come to you for advice about how to stop the noise. Does he have a remedy, and if so, which one?

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Dr. Paul can seek an injunction to stop the noise. No one can acquire a right to create a nuisance, and long usage does not establish such a right. The nuisance only began when Dr. Paul's consulting room, built lawfully, was affected by the noise from Emma's equipment. This principle is supported by the case of Sturges v Bridgman [1879] 11 Ch.D. 852, where it was held that a long-standing activity does not grant immunity from nuisance claims if the activity becomes a nuisance due to changes in the surrounding environment. 

Key Point: The Sturges v Bridgman case is crucial in understanding that long usage does not establish a right to commit a nuisance. Courts will consider the reasonableness of the activity and its impact on the surrounding environment when determining if an injunction should be granted to restrain the nuisance.



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