Civil claims for pollution
Barlow, Michael
Civil claims for pollution - 2005 - Environment Information Bulletin (154) December 2005 8-10(3) .
Examines the different steps required in making a civil claim for pollution. The law in England and Wales governing claims for contamination to land is based on a corpus of case law developed over many years. It can adapt to new situations but it can make it initially difficult to determine whether or not a specific claim is covered. Looks at the process of determining negligence, establishing nuisance including "Rylands v Fletcher", the prediction of what is and what is not a non-natural use of land, practical considerations and the European dimension. Concludes that because of the nature of the law relating to contamination claims it is extremely difficult to set out simple rules to be used in any situation.
RYLANDS V FLETCHER
GRAHAM & GRAHAM V RE-CHEM INTERNATIONAL LTD
CAMBRIDGE WATER V EASTERN COUNTIES LEATHER PLC
HUNTER V CANARY WHARF
MCKENNA AND OTHERS V BRITISH ALUMINIUM LTD
TRANSCO PLC V STOCKPORT MBC
Civil claims for pollution - 2005 - Environment Information Bulletin (154) December 2005 8-10(3) .
Examines the different steps required in making a civil claim for pollution. The law in England and Wales governing claims for contamination to land is based on a corpus of case law developed over many years. It can adapt to new situations but it can make it initially difficult to determine whether or not a specific claim is covered. Looks at the process of determining negligence, establishing nuisance including "Rylands v Fletcher", the prediction of what is and what is not a non-natural use of land, practical considerations and the European dimension. Concludes that because of the nature of the law relating to contamination claims it is extremely difficult to set out simple rules to be used in any situation.
RYLANDS V FLETCHER
GRAHAM & GRAHAM V RE-CHEM INTERNATIONAL LTD
CAMBRIDGE WATER V EASTERN COUNTIES LEATHER PLC
HUNTER V CANARY WHARF
MCKENNA AND OTHERS V BRITISH ALUMINIUM LTD
TRANSCO PLC V STOCKPORT MBC