University of Surrey

Test tubes in the lab Research in the ATI Dance Research

Statutory nuisance: The sanitary paradigm and judicial conservatism

Malcolm, R and Pointing, J (2006) Statutory nuisance: The sanitary paradigm and judicial conservatism Journal of Environmental Law, 18 (1). pp. 37-54.

Full text not available from this repository.

Abstract

Despite its long history, statutory nuisance law is still considered important in dealing with localised environmental problems. But it is an area of law that is now beginning to creak - the result of both its historical origins and the attitude of contemporary judges to its modern application. Key recent decisions of the British courts are examined, and the judiciary is shown to have adopted an unduly narrow approach and one that is based on a misinterpretation of legislative intention. A detailed examination of Parliamentary debates in the middle of the nineteenth century during the development of statutory nuisance laws shows that the concept was promoted as being broad, flexible and expansive. Modern courts have singularly failed to adapt statutory nuisance to contemporary needs, a lost opportunity since the statutory nuisance regime can provide an effective means for local government to deal rapidly with environmental problems as well as an accessible remedy for the private individual. © 2006 Oxford University Press.

Item Type: Article
Authors :
NameEmailORCID
Malcolm, Rr.malcolm@surrey.ac.ukUNSPECIFIED
Pointing, JUNSPECIFIEDUNSPECIFIED
Date : 21 March 2006
Identification Number : 10.1093/jel/eqi048
Depositing User : Symplectic Elements
Date Deposited : 16 May 2017 14:45
Last Modified : 17 May 2017 14:27
URI: http://epubs.surrey.ac.uk/id/eprint/814606

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year


Information about this web site

© The University of Surrey, Guildford, Surrey, GU2 7XH, United Kingdom.
+44 (0)1483 300800