Details
- The only book to provide a complete guide to the law of nuisance including coverage of remedies for private nuisance, determinants of liability in public nuisance, and various types of statutory nuisance such as artificial light
- Considers case law including Rylands v Fletcher, R v Goldstein, and Hunter v Canary Wharf Ltd, questioning court decisions which sit uncomfortably with accepted principles of nuisance
- Addresses the impact of the Human Rights Act 1998 on private nuisance and in particular on local authorities
- Includes relevant sections of the Environmental Protection Act 1990 making this a comprehensive and in-depth resource
Providing a detailed overview of the law of nuisance this book addresses contentious issues such as the distinction between the rule in Rylands v Fletcher and the law of private nuisance; the law that excludes personal injuries from the remit of nuisance, and the relationship between public and private nuisance. The book also considers statutory nuisance and the extent to which it can be seen to exceed private and public nuisances as well as utility of nuisance as an environmental tort. This book provides the most up-to-date and comprehensive treatment of the law of nuisance, drilling down to distinctions between these different types of nuisance as well as examining in detail the overlaps between them.
Readership: The primary market will be solicitors and barristers in all sizes of firms dealing with tort claims such as damage to land and buildings, or interference from noise pollution, etc. It will be particularly relevant for solicitors and barristers dealing with property disputes, and as public and statutory nuisance is also addressed, local authority solicitors and environmental lawyers will also form part of the relevant market. Academics specialising in tort form a small secondary potential market.
Part I: The Domain of Nuisance Law
1: The Domain of Nuisance Law
Part II: The Law of Private Nuisance
2: Essentials and the Nature of Liability in Private Nuisance
3: The Interests Protected by Private Nuisance
4: Parties to a Private Nuisance Action
5: Defences to an Action for Private Nuisance
6: Remedies for Private Nuisance
Part III: Public Nuisance and Protection of the Environment
7: Public Nuisance
8: Statutory Nuisances
Appendix
Selected Excerpts from Part III of the Environmental Protection Act
John Murphy, Professor of Common Law at the School of Law, University of Manchester
"Be it private nuisance, public nuisance or statutory nuisance, this book offers invaluable help in identifying and bottoming out the issues." - John Randall QC, St Philips Chambers
"The book has all the qualities one would hope to find in a first-rate modern legal treatise: it is scholarly, opinionated, thorough, up-to-date, clear and authoritative." - Professor Ken Oliphant, Director of the Institute for European Tort Law
"Murphy brings to the subject a historical perspective, clear analysis, and a healthy scepticism of simplistic explanations." - Stephen Waddams, University Professor and Goodman/Schipper Professor of Law, Faculty of Law, University of Toronto
"This is an excellent book, comprehensive yet concise, scholarly yet accessible. It should be essential reading for anyone wanting to understand the structure and scope of the law of nuisance." - Mrs Janet O'Sullivan, Fellow in Law and University Senior Lecturer, Selwyn College, University of Cambridge
"...a thoughtful, readable and rich addition to the literature on the subject." - Maria Lee, Legal Studies
