SQE1 sample questions

Question 81

For the last 24 years a man has run a business from premises on the outskirts of a village. The man obtained planning permission for this business use when he started his business. The only house in the immediate vicinity of the man’s business has been owned and occupied by a woman for the last 22 years.

The noise from the man’s business has always been considerable but the woman did not complain because her father was great friends with the man. The woman’s father died three months ago and she has now brought an action in private nuisance against the man. It is accepted that the noise levels, which have not changed since the business started, constitute an actionable nuisance unless the man can raise a successful defence.

Can the man successfully use the defence of prescription?

A. No, because the claim only became actionable when the woman complained about the noise.

B. Yes, because the man has run his business for more than 20 years without complaint.

C. No, because the defence does not apply to private nuisance.

D. Yes, because the man has obtained planning permission.

E. No, because the woman came to the nuisance after the man had begun running his business.