000			01358cab a2200193 4500
001			##L131736
008			051202n2005 000 0 eng u
035			_a(Sirsi) u131736
041	0		_aeng
100	1		_aMacrory, Richard
245			_aCoal tips case clarifies nuisance liability principles
260			_c2005
490		0	_aENDS Report _v(370) November 2005, 52-53(2)
520			_aDiscusses "Anthony and others v the Coal Authority" ([2005] EWHC 1654 (QB), unreported) which contains important general principles concerning future liabilities for hazards posed by coal tips and areas such as old landfill sites and provides a valuable analysis of contemporary principles of nuisance. The judgment is relevant to anyone involved in restoring potentially hazardous sites. The key issue of dispute concerned forseeability. The judge held that the creation of a state of affairs on land that at the time carries an unforeseeable risk of damage was not actionable in nuisance but liability may change over time. Concludes that owners need to ensure in any assessment of risks that historical knowledge is not lost or overlooked, particularly that of employees and former employees.
590			_aIKA061205
650	2	4	_aANTHONY V COAL AUTHORITY
690			_aENVIRONMENTAL AND LAND CONSULTANCY-WASTE MANAGEMENT-HAZARDOUS WASTE TREATMENT
942			_n0
999			_c76263 _d76263