Nuisance and the perils of preventive action

In the UK, private nuisance has traditionally been the main form of legal action available against many forms of environmental harm, and can provide a powerful remedy. Yet, at a time when many governments are emphasising the importance of anticipatory action in the environmental field, a decision of the Court of Appeal has illustrated that common law principles may not assist the individual who takes steps to prevent environmental damage taking place on his land.

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