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Nuisance and regulation in the court of appeal

Lee, M; (2013) Nuisance and regulation in the court of appeal. Journal of Planning and Environment Law (3) pp. 277-284.

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Abstract

The effect of regulatory decisions on the tort of private nuisance raises interesting and difficult questions. In principle, any broader public interest in the defendant's activity is not relevant in private nuisance. The broad and evaluative nature of nuisance, however, means that the public interest need not be entirely discounted. The two cases are not obviously inconsistent in law, and the different results are in part indicative of the highly fact-sensitive nature of private nuisance. However, which of the different philosophies is endorsed by the Supreme Court will have an impact on the vigor of private nuisance in our heavily regulated world. This understanding is much debated, and in some cases at least, the law of private nuisance acted to restrain the damaging effects of industrialization. Even if external regulation is not sufficiently authoritative a judgment on the public interest to feed into liability, it might be relevant to remedies.

Type: Article
Title: Nuisance and regulation in the court of appeal
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1389328
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