A tort that is also a crime, public nuisance sits awkwardly between criminal law and private litigation, and its rules on who can sue follow from that hybrid character. This chapter sets out the elements of the tort, including what counts as a sufficiently large class of the public, before covering the fault requirement and the remoteness test. It then examines the special damage a private individual must show, the absence of any need for a proprietary interest in land, and the different routes by which public authorities and the Attorney General bring proceedings. It closes with the defence of statutory authority, the remedies available, and the points of contrast with private nuisance on standing and the recovery of personal injury.
