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Allen v Gulf Oil [1981] AC 1001

By Oxbridge Law TeamUpdated 04/01/2024 07:04

Judgement for the case Allen v Gulf Oil

  • 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)

Lord Wilberforce

  • 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. 

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