An act of parliament allowed Defendant to build an oil refinery which caused offensive noise, smell and vibrations to Plaintiff’s property.
However HL held that since the activity was sanctioned by an act of parliament, it could not constitute a nuisance.
(NB this doesn’t extend to the decisions of planning authorities- see Wheeler above).
The basis for this rule is that parliament has performed the exercise of weighing up public and private interest and made a decision on that basis.
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
Tort Law | Nuisance Notes (70 pages) |
Tort Law | Nuisance Notes (10 pages) |