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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.

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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
Divisions : Surrey research (other units)
Authors :
Pointing, J
Date : 21 March 2006
DOI : 10.1093/jel/eqi048
Depositing User : Symplectic Elements
Date Deposited : 16 May 2017 14:45
Last Modified : 24 Jan 2020 13:17

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