The emission of smoke, fumes or noxious vapours in such circumstances that the value of neighbouring property is diminished, or the beneficial use of that property interfered with, constitutes an actionable nuisance at common law1 for which damages may be recovered2, and the commission of which will, in general, be restrained by injunction
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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