Let’s get physical: civil liability and the perception of risk (C. Hilson)

Author Chris Hilson Keywords Environment, health, negligence, nuisance, contaminated land, damage to property, economic loss, hazardous substances, health hazards, nuisance, risk management, tortious liability Abstract Examines the role of risk perception in tort claims concerning environmental “stigma damages” and fear of disease. Reviews the varying public perceptions of risk, the need to show physical damage […]

The European Convention on Human Rights and Environmental Nuisances (S. Praduroux)

Author Sabrina Praduroux. Keywords Environmental policy; nuisance; peaceful enjoyment of possessions; pollution; proportionality; right to fair trial; right to respect for home. Abstract Examines whether environmental nuisances can infringe humanrights, particularly the right to respect for one’s home under the European Convention on HumanRights 1950 art.8 and the right to peaceful enjoyment of possessions under […]

Sewers, non-feasance and human rights: the Marcic appeal (J. Lowther)

Author Jason Lowther Keywords ECHR, HRA, private nuisance, statutory authority, public interest, human rights, environmental protection. Abstract This article is an evaluation of the Court of Appeal decision in Marcic v Thames Water Utilities Ltd. that held a sewerage undertaker liable in nuisance for external flooding by foul water suffered on Marcic’s property. It was […]

Old iron: birth defects litigation and the Corby steelworks’ reclamation (R. Lee)

Author Robert Lee Keywords Birth defects; human health; breach of statutory duty; causation; contaminated land; environmental remediation; local authorities’ liabilities; negligence; public nuisance. Abstract Examines the Technology and Construction Court judgment in Corby Group Litigation v Corby DC concerning whether a local authority had exposed pregnant women, who subsequently had children with birth defects, to […]

Constitutional right to a healthy environment in Belgium (M. Martens)

Author Marc Martens Keywords Constitutional right to live in a healthy environment; Belgian Constitution; Article 8 ECHR; private nuisnace. Abstract Since 1994, the right to a healthy environment has been recognized under Article 23 of the Belgian Constitution. It contains a standstill clause, which precludes the authorities from reducing substantially the level of environmental protection […]