Richard Macrory's case commentary: High Court rules on nuisance from waste

A decision by the High Court means private nuisance claims may no longer be the most appropriate way to secure compensation for those affected by regulated activities considered to be in the public good.

Richard MacroryA recent High Court decision has held clearly for the first time that compliance with detailed statutory environmental controls is likely to be a good defence against private civil claims for nuisance. 

Derrick Barr and others v Biffa Waste Services Ltd ([2011] EWHC 1003 High Court, Technology and Construction Court, 19 April 2011) raises important general principles where industry is subject to demanding regulatory requirements.

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