Coal tips case clarifies nuisance liability principles
Language: English Series: ENDS Report ; (370) November 2005, 52-53(2)Publication details: 2005Subject(s): Summary: Discusses "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.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131736 (Browse shelf(Opens below)) | 1 | Available | 131736-1001 |
Discusses "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.