Question 1)
Claudia, who works as an architect, bought a detached house in 2018. In 2019, her partner, Anika, moved in with her. Anika is a professional drummer in a band. She practises her playing in the spare room at home, which is located downstairs at the back of the house. She practises most evenings with her band, often late into the night.
Jagadeesh recently bought the house next door. Jagadeesh works 12 hour shifts and starts work at 6 a.m., four days a week. This means he normally goes to bed at 10 p.m. Jagadeesh has complained about the noise on several occasions. He has asked Anika if she would only practise with her band until 8 p.m. and restrict her practising to 3 days a week. Anika has ignored Jagadeesh’s request to stop playing late into the night and for only 3 days a week. However, Anika’s partner, Claudia is a bit more sympathetic towards Jagadeesh’s request. She has drafted plans to build a recording studio for Anika at the bottom of her garden. The plans have been approved by the local council and the builders have dug-out the six-foot deep foundations. The building materials have been delivered and building work will commence in the next few days. In the meantime, the builder has set-up spot lighting around the foundations to avoid any trips, slips or falls. The lighting is on a timer switch and comes on at 6 p.m. and goes off at 5 a.m. in each 24-hour period.
Jagadeesh is woken by the loud noise made by Anika’s band. It is 11.30 p.m. Jagadeesh is furious. He goes next door and knocks on the front door. However, due to the loud noise neither Claudia nor Anika can hear him knocking. Jagadeesh decides to knock on the window where the band are practising. He returns to his house, goes out into his back garden and using a ladder he climbs the eight-foot wall. He gets on to the top of the garden wall. The light is not very good as it is quite late at night. The spot-lighting around the foundations is not on. Anika unplugged it in order to use the socket for her Fender Frontman Amplifier. Jagadeesh is not able to see into the garden. He decides to hang from the wall and drop to the ground. He believes by hanging and dropping there will be only a two-foot drop to the ground. Unfortunately, when Jagadeesh drops from the wall, he drops directly into the six-foot deep foundations that have been dug by the builder. Jagadeesh breaks his ankle and injures the lower section of his back. When Claudia goes out into the back garden to smoke a cigarette, she turns on the spot-lighting and sees Jagadeesh lying in the foundations. She immediately calls an ambulance and Jagadeesh is taken to hospital.
Advise Jagadeesh whether he has any claim for the persistent noise made by Anika and for the injuries he sustained on Claudia’s property.
Knowledge
explain the legal rules dealing with the tort of nuisance
demonstrate a critical discussion whilst dealing with private nuisance
apply the legal rules dealing with private nuisance
explain the legal rules dealing with occupiers’ liability
apply the legal rules dealing with occupiers’ liability
demonstrate reflective learning.
The first section of the EMA scenario is focusing on the tort of nuisance. You will need to explain to Jagadeesh the legal rules dealing with the tort of private nuisance. The latter section of the scenario concerns occupiers’ liability and you will need to explain and apply the legal rules to Jagadeesh.
You are encouraged to locate and read the related case law whilst preparing for this problem-solving question. You will develop a stronger understanding and application of the legal rules if you consider a range of case law that will support you with your preparation for this EMA. Please use the databases, such as Westlaw, Lawtel or LexisLibrary. The law reports go further than the textbook and allow you to extract sections of the cases (judgments) and consider the different opinions within these materials. Whilst reading these cases make sure you write down some key points and start thinking about how you can use these sources to address the problem question.
This is a problem solving EMA and you have been asked to advise Jagadeesh. You will need to identify the legal issues arising from the scenario.
Deal with the facts outlined in the scenario and avoid making assumptions or trying to introduce facts that do not exist.
Identify and isolate the legal points raised in the scenario.
A problem solving EMA is assessing your knowledge and skills, whilst you apply the legal rules to the facts within a scenario. In this instance you must explain the legal rules, evaluate them within the context of the scenario and apply them whilst advising the parties.
You must be able to explain and apply the law and this will be reflected in your advice.
You must be able to indicate how each point you identify relates to the scenario. Always support each point with related sources, such as case law.
Make sure you are demonstrating the learning outcomes identified in the EMA.
Identify the relationship between the facts in the scenario and the legal rules.
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