The Law of Nuisance
Providing a detailed overview of the law of nuisance this book addresses contentious issues such as the distinction between the rule in Rylands v Fletcher and the law of private nuisance; the law that excludes personal injuries from the remit of nuisance, and the relationship between public and private nuisance. The book also considers statutory nuisance and the extent to which it can be seen to exceed private and public nuisances as well as utility of nuisance as an environmental tort. This book provides the most up-to-date and comprehensive treatment of the law of nuisance, drilling down to distinctions between these different types of nuisance as well as examining in detail the overlaps between them.
The primary market will be solicitors and barristers in all sizes of firms dealing with tort claims such as damage to land and buildings, or interference from noise pollution, etc. It will be particularly relevant for solicitors and barristers dealing with property disputes, and as public and statutory nuisance is also addressed, local authority solicitors and environmental lawyers will also form part of the relevant market. Academics specialising in tort form a small secondary potential market.
Published: November 2010
Oxford University Press
Law and Practice in Property and Environmental Claims
Gordon Wignall, No5 Chambers, Birmingham
The law of nuisance continues to evolve in response to modern demands and remains an effective means of addressing damage to and interference with land, whether it be flooding, subsidence, noise, odour or other environmental nuisances. The common law can provide relief from the nuisance in the form of an injunction or damages in lieu of (or in addition to) an injunction, or an abatement notice can be served under the Environmental Protection Act 1990.
The aim of this work is to set out the general principles governing common law (public and private) and statutory nuisance, including the relevant procedure for seeking relief from the nuisance. It is followed by a section which examines how these general principles can be applied to the most common forms of property interference/damage. It will be supplemented by key statutory materials and the author's own precedents.
Publication date: June 2011
ISBN: 978 0 85308 991 9
Publisher: Jordan Publishing
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