Personal Injury, Public Nuisance, and Environmental Regulation
Author: Lee, Maria
Source: King's Law Journal, Volume 20, Number 1, February 2009 , pp. 129-136(8)
Publisher: Hart Publishing
Abstract:The Court of Appeal's decision on a strike out application in the Corby Group Litigation confirms that it is possible to compensate personal injury in the tort of public nuisance. The House of Lords decisions in Hunter v Canary Wharf and Transco v Stockport MBC, deciding that personal injury is not actionable damage in private nuisance, do not apply to public nuisance. Corby leaves open a range of interesting questions on the place of public nuisance in tort. Of equal interest is the way in which it highlights some distinctive aspects of 'environmental' litigation.
Document Type: Research Article
Publication date: February 1, 2009
- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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