A private nuisance letter is a legal document that lays out the specific ways in which a person is being harmed by another person's actions. The letter typically outlines the steps that the victim wants the perpetrator to take in order to remedy the situation. If the perpetrator does not take action to remedy the situation, the victim may take legal action against them.
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This legal document provides an example of a claim for common law private nuisance, seeking injunctive relief to restrain a continuing nuisance, and also damages. Information to assist making a claim under Rylands v Fletcher is also included.
This defence can be used as a starting point when drafting a defence to a claim for damages in common law private nuisance. It also responds to a claim for an injunction sought to restrain a continuing nuisance. This defence must be adapted to the specific facts and circumstances.