Tag Archives: nuisance

The Significance in UK Nuisance Law of the Introduction of the “Agents of Change” Principle

The National Planning Policy Framework (NPPF) was first published in March 2012. The original NPPF (NPPF1) consolidated various other Planning Policy documents into one overarching framework. The purpose of the NPPF is set out in the introduction which states that “It provides a framework within which locally-prepared plans for housing and other development can be … Continue Reading

Environmental Regulation and Nanotechnology in the UK and EU: Challenges, Risks and Rewards

What is Nanotechnology? Nanotechnology is a generic term used to describe the design, engineering, production and use of substances and materials at the nanoscale (1 nanometre representing 1 billionth of a metre).  To illustrate, one sheet of standard paper is approximately 100,000 nanometres thick and one nanometre is roughly how long a human fingernail will … Continue Reading

US Supreme Court Holds CERCLA Does Not Preempt State Statutes of Repose

The US Supreme Court has again reiterated that the federal Superfund law should be interpreted narrowly and plainly, this time while addressing the statute’s impact on state tort theories arising from releases of hazardous substances.   In CTS Corp. v. Waldburger, the Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not preempt … Continue Reading

Concrete and Sewers – A Real Nuisance for Contractors?

In the recent decision in the case of Northumbrian Water Limited (“NWL”) v McAlpine Limited (“McAlpine”) [2014], Moore-Bick LJ provided the leading judgement (upholding the first instance judgement) that the contractor, McAlpine, was not liable for concrete entering and blocking a sewer during the course of construction works. This case does not provide any new … Continue Reading

More questions than answers? The UK Supreme Court’s consideration of private nuisance in Coventry v Lawrence

In its recent judgement in the case of Coventry v Lawrence [2014] UKSC 13, the UK Supreme Court has discussed some of the key aspects of the private nuisance.  However, whilst their lordships have clarified certain elements of the tort, their judgements have raised further important questions. Factual background In 1975, planning permission was granted for … Continue Reading

US Supreme Court to Hear CERCLA Preemption Case

The US Supreme Court recently announced it will hear an appeal of the Fourth Circuit’s decision in Waldburger v. CTS Corp., No. 12-1290 (4th Cir. 2013) involving the preemption of state statutes of repose by Section 9658 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In Waldburger, the Plaintiffs sued CTS Corporation for nuisance after discovering their lands were … Continue Reading
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