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The law of nuisance continues to evolve in response to modern demands and remains an effective means of addressing damage to and interference with land, whether it be flooding, subsidence, noise, odour or other environmental nuisances. The common law can provide relief from the nuisance in the form of an injunction or damages in lieu of (or in addition to) an injunction, or an abatement notice can be served under the Environmental Protection Act 1990.
The aim of this work is to set out the general principles governing common law (public and private) and statutory nuisance, including the relevant procedure for seeking relief from the nuisance. It is followed by a section which examines how these general principles can be applied to the most common forms of property interference/damage. It will be supplemented by key statutory materials and the author’s own precedents.