Romanian translation. This page is translated from the canonical English version for general information. UK legal terms do not always translate exactly — check the English source for legal decisions and seek professional advice for important matters. The English page is authoritative.
Toate cazurile
Environmental Law
Court of Appeal
2012
Barr v Biffa Waste Services Ltd
[2012] EWCA Civ 312
Ratio Decidendi
The grant of an environmental permit does not provide a defence to a claim in private nuisance. Regulatory compliance does not authorise the commission of a common law tort.
Fapte
Residents near a landfill site complained of odour nuisance. The operator argued it was acting in compliance with its environmental permit.
Rezumatul hotărârii
The Court of Appeal held that regulatory compliance was not a defence to nuisance. The common law right to be free from nuisance was not overridden by the permit regime.
Citate cheie
"The grant of a permit under the environmental permitting regime does not authorise the creation of a nuisance."
— Carnwath LJ
Tratament ulterior
Good law
Important authority on the relationship between regulatory permits and common law nuisance.
What To Do Next
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