menu-search
LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Nuisance, negligence and other civil liability

View Environment by content type:

News
Practice notes
Precedents
Q&As

Latest Environment News

Environment weekly highlights—17 June 2021

Environment weekly highlights—17 June 2021

The following Environment news provides comprehensive and up to date legal information on Environment weekly highlights—17 June 2021

Government and companies urged to work together more on climate

Government and companies urged to work together more on climate

The following Energy news provides comprehensive and up to date legal information on Government and companies urged to work together more on climate

Road to COP26—the role of nature-based solutions in fighting climate change

Road to COP26—the role of nature-based solutions in fighting climate change

The following Energy news provides comprehensive and up to date legal information on Road to COP26—the role of nature-based solutions in fighting climate change

Environment weekly highlights—10 June 2021

Environment weekly highlights—10 June 2021

The following Environment news provides comprehensive and up to date legal information on Environment weekly highlights—10 June 2021

Featured Environment content

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10...

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

Control of asbestos—duty to manage

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos...

Practice notes

Commercial property transactions toolkit (EHS issues)—environmental enquiries

Commercial Property Standard Enquiries (CPSE)The Commercial Property Standard Enquiries (CPSE) have become the industry-standard pre-contract...
Read More >
Produced in partnership with ELM Law 19th May
Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...
Read More >
Produced in partnership with ELM Law 19th May
Practice notes

Energy Performance Certificates (EPCs) for commercial property in Scotland

Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...
Read More >
Produced in partnership with Rachel Oliphant of Pinsent Masons 19th May
tag iconScottish Law
Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
Read More >
Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes

Private nuisance—general principles

Private nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a person's use or enjoyment of land or...
Read More >
19th May
Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 19th May
tag iconBrexit
Practice notes

Highway drains and culverts

For the purposes of s 100 of the Highways Act 1980, a ‘highway drain’ is defined as including a ditch, gutter, watercourse, soak-away, bridge,...
Read More >
Produced in partnership with John Bates of Old Square Chambers 19th May
Practice notes

What is a contract of insurance?

What is a contract of insurance?This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an...
Read More >
Produced in partnership with RPC 19th May
Practice notes

Regulation (EU) No 517/2014 on fluorinated greenhouse gases—snapshot

Regulation (EU) No 517/2014 on fluorinated greenhouse gases—snapshotTitleRegulation (EU) No 517/2014 of the European Parliament and of the Council of...
Read More >
19th May
Practice notes

Waste types and controls—controlled waste

Waste types and controls—controlled wasteControlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection...
Read More >
19th May
Practice notes

Energy and Brexit—Euratom and the UK Nuclear Sector

Energy and Brexit—Euratom and the UK Nuclear SectorWhat is Euratom?The Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’)...
Read More >
Produced in partnership with Ian Truman of Burges Salmon 19th May
tag iconBrexit
Practice notes

BREEAM key requirements

BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
Read More >
Produced in partnership with Author of the WSP Group 19th May
Practice notes

Flood reinsurance—the Flood Re scheme

Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
Read More >
Produced in partnership with Groundsure and Burges Salmon 19th May
Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...
Read More >
19th May
Practice notes

Forfeiture of property following conviction

Forfeiture of property following convictionThe power of the court to order the forfeiture of property under the Sentencing Act 2020The Sentencing Act...
Read More >
19th May
Practice notes

Environmental permitting—flood risk activities

Environmental permitting—flood risk activitiesHistory of flood defence consentsThe ‘old’ system of flood defence consents, prior to 6 April 2016,...
Read More >
Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon 19th May

Most recent Nuisance, negligence and other civil liability content

Q&As

Which environmental authorities regulate and enforce odour controls and what powers do they have?

Which environmental authorities regulate and enforce odour controls and what powers do they have?The odours emanating from industrial, trade or...
Read More >
21st Jun
Practice notes

What is climate change litigation?

What is climate change litigation?Over the last decades, climate change has become an issue of ever-growing importance. With evolving scientific...
Read More >
Produced in partnership with Katharina Theil of Leigh Day and Richard Lord QC of Brick Court Chambers 21st Jun
Q&As

Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?

Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in...
Read More >
Produced in partnership with Denis Edwards of Normanton Chambers 5th Jun
Q&As

Can food smells from cooking constitute a nuisance in the context of residential tenants?

Can food smells from cooking constitute a nuisance in the context of residential tenants?Private nuisancePrivate nuisance normally involves...
Read More >
5th Jun
Practice notes

The Corby litigation

The Corby litigationActions against regulators/authoritiesApart from judicial review of decisions, civil actions are available where loss or damage...
Read More >
5th Jun
Practice notes

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Nuisance and the rule in Rylands v Fletcher—common law liability for pollutionPrivate nuisancePrivate nuisance is an unlawful interference with a...
Read More >
5th Jun
Practice notes

Private nuisance—general principles

Private nuisance—general principlesPrivate nuisancePrivate nuisance is a tort against land and it is concerned with the unlawful interference with a...
Read More >
5th Jun
Practice notes

Public nuisance—general principles

Public nuisance—general principlesPublic nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public....
Read More >
5th Jun
Practice notes

Neighbour disputes—noise and nuisance

Neighbour disputes—noise and nuisanceNoise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the...
Read More >
5th Jun
Practice notes

Damage by tree roots

Damage by tree rootsLiabilityThe leading case on damage to property caused by encroaching tree roots is Delaware, in which the House of Lords stated...
Read More >
5th Jun
Precedents

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990[name] [District] [Borough] [City]...
Read More >
5th Jun
Precedents

Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990

Private action for a statutory nuisance—complaint to the magistrates’ court—section 82 of Environmental Protection Act 1990In the [insert name]...
Read More >
5th Jun
Precedents

Private action for a statutory nuisance—notice under section 82(6) of Environmental Protection Act 1990

Private action for a statutory nuisance—notice under section 82(6) of Environmental Protection Act 1990[insert address of claimant's instructing...
Read More >
5th Jun
Precedents

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance

Notice of appeal pursuant to section 80(3) of the Environmental Protection Act 1990 against an abatement notice for a statutory nuisance[name, address...
Read More >
5th Jun
Practice notes

Construction Industry Model Arbitration Rules (CIMAR)

Construction Industry Model Arbitration Rules (CIMAR)Development of the rulesCIMAR is the acronym for the Construction Industry Model Arbitration...
Read More >
Produced in partnership with Mayer Brown 5th Jun
Q&As

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has been sold (such as escape of water onto neighbouring property) who is liable; (a) the party that caused the nuisance, or (b) the owner of the property at the time the nuisance is discovered? Is there a Precedent contract clause which states that the seller retains liability for actionable nuisance, if it can be shown that they caused the issue?

If a sales agreement is silent as to environmental liabilities, what is the position? If an actionable nuisance comes to light after the property has...
Read More >
5th Jun
Practice notes

Statutory nuisance

Statutory nuisanceStatutory nuisance under the Environmental Protection Act 1990A wide range of conduct (eg emission of smoke, fumes, dust etc), which...
Read More >
Produced in partnership with Jeremy G Phillips of FTB Chambers and Charles Forrest of FTB Chambers 5th Jun

Popular documents

Standard Commercial Property Conditions (Third Edition—2018 Revision)

Standard Commercial Property Conditions (Third Edition—2018 Revision)

The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislation

Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP

Mediation—advantages and disadvantages

Mediation—advantages and disadvantages

Mediation—advantages and disadvantagesWhat is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)