GORDON WIGNALL

THE LAW OF NUISANCE

ENVIRONMENTAL PERMITTING

FLOOD & SUBSIDENCE

WASTE - POLLUTION - PERMITTING

RECENT POSTS

GUIDES TO THE LAW OF NUISANCE

The principle aim of this site is to explain how the modern law of nuisance can best be understood and utilised in property and environmental contexts.

WASTE

Waste offers opportunities, but at the cost of regulatory complexity. These summaries provide a readable approach to topics with an international flavour.

ENVIRONMENTAL PERMITTING LAW

These guides provide a comprehensible approach to this EU-driven regulatory scheme and to key legal issues.

OTHER AREAS OF INTEREST

This site also takes a look at other areas of interest, including core pollution and waste offences and remediation schemes.

GUIDES TO THE LAW OF NUISANCE

Private nuisance

Private nuisance

A set of themes classified in four ways: strict liability, ‘sensible discomfort’, ‘measured duty of care’ and ‘encroachment’.
Private nuisance<br /> A set of themes classified in four ways: strict liability, ‘sensible discomfort’, ‘measured duty of care’ and ‘encroachment’.

Property damage

Hazardous and dangerous and acts connected with the use of land: private nuisance and strict liability have little room for “reasonableness”.
‘Plagues of Egypt’

‘Plagues of Egypt’

Fumes, noise, dust, smoke and other forms of ‘sensible discomfort’: today’s nuisance laws derived from the time of the industrial revolution.
Fumes, noise, dust, smoke and other forms of ‘sensible discomfort’: today’s nuisance laws derived from the time of the industrial revolution.

The ‘Leakey’ duty

The measured duty of care to take reasonable steps to avoid harm: continuing or adopting a hazard and the increasing role of negligence.
Public nuisance

Public nuisance

Personal injury, highway obstruction and environmental health constitute these civil and criminal cases. They have little connection with private nuisance.
Statutory nuisance

Statutory nuisance

The statutory nuisance regime requires local authorities to act on behalf of residents where there are both public and private nuisances.
Section 82

Section 82

Section 82 allows residents to run their own statutory nuisance cases. This can be highly effective. Costs and expenses are recoverable.
Flooding and water

Flooding and water

Liability for flooding has been checked by some important defences likely to be explored further by the courts in a time of unpredictable weather events.
Subsidence and trees

Subsidence and trees

Liability for cracking caused by tree roots and differential movement to properties has brought about a self-contained body of law.

THE ENVIRONMENTAL PERMITTING REGULATIONS

Environmental Permitting

Environmental Permitting

Permitting in plain English: how the regulations work, authorisation (grant), termination and insolvency.
Regulators’ powers and enforcement

Regulators’ powers and enforcement

Variation, enforcement, suspension, criminal offences and other regulatory powers.
Appeals and legal challenges

Appeals and legal challenges

Statutory appeals, High Court challenges and injunctions: how to keep your business on its feet.

WASTE – POLLUTION – ENVIRONMENTAL PERMITTING

Transboundary waste

Transboundary waste

Waste shipments and the Basel Convention: the net is tightening. Post-‘Brexit’, EU and UK law will remain closely aligned.
Waste ships

Waste ships

Ship decommissioning: Basel and Hong Kong conventions and EU and UK laws; approved shipyards.
End of waste

End of waste

Little practical guidance is available from the UK legislature in this area of ‘green’ commercial opportunity

OTHER AREAS OF INTEREST

Coastal erosion

Coastal erosion

Can property owners on the coast use statute or common law to alleviate the dangers of coastal erosion?
Pollution offences

Pollution offences

Key criminal offences, landowners and landfill tax. What powers do Regulators have to prevent and remediate pollution?
Gordon Wiglaw

Gordon Wignall offers expert advice assisting companies, individuals, and solicitors with complex issues arising out of the topics discussed in this site and related aspects of environmental and property law.

I have been a barrister now for more than 30 years with a specialist interest in nuisance, environmental permitting and waste law, and have represented a broad range of clients in many different cases. I am qualified in England & Wales and in Ireland.  In this site I share a wide range of information including legal guides and reference material with the aim of helping those who need a little more insight into areas where they may require help. My work includes individual claims and defences, group litigation, as well as regulatory and criminal advice and representation.

Wiglaw
Powered by  GDPR Cookie Compliance
Privacy Overview

Introduction

This privacy overview explains how our website collects, uses, and protects your personal data in accordance with the General Data Protection Regulation (GDPR). We are committed to safeguarding your privacy and ensuring the security of your information.

What is the GDPR?

The GDPR is a European data protection law that gives individuals more control over their personal data. It applies to all organizations that process the personal data of EU residents, regardless of where the organization is located.

Data We Collect

We only collect data that is necessary for the purposes for which it is collected. The types of data we may collect include:

  • Contact Information: Name, email address, phone number, and postal address when you fill out a form or sign up for a newsletter.
  • Technical Data: IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. We collect this data through cookies and similar technologies.
  • Usage Data: Information about how you use our website, products, and services.

How We Use Your Data

We use your data for the following purposes:

  • To provide you with the services you have requested, such as a newsletter or a product purchase.
  • To improve our website and services.
  • To communicate with you about your account or our services.
  • To comply with legal obligations.
  • With your consent, to send you marketing communications.

Legal Basis for Processing

We will only process your personal data where we have a lawful basis to do so, which may include:

  • Consent: You have given us clear consent to process your personal data for a specific purpose.
  • Contract: The processing is necessary for a contract we have with you.
  • Legal Obligation: The processing is necessary for us to comply with the law.
  • Legitimate Interests: The processing is necessary for our legitimate interests or those of a third party, provided your fundamental rights are not overridden.

Your Rights

Under the GDPR, you have the following rights regarding your personal data:

  • Right to be Informed: The right to be informed about how we collect and use your data.
  • Right of Access: The right to request a copy of the data we hold about you.
  • Right to Rectification: The right to correct any inaccurate or incomplete data we hold about you.
  • Right to Erasure ('Right to be Forgotten'): The right to request the deletion of your personal data in certain circumstances.
  • Right to Restrict Processing: The right to restrict the processing of your data in certain situations.
  • Right to Data Portability: The right to obtain and reuse your personal data for your own purposes across different services.
  • Right to Object: The right to object to the processing of your data in certain circumstances.
  • Rights related to automated decision-making and profiling: The right not to be subject to a decision based solely on automated processing.

Changes to this Privacy Overview

We may update this privacy overview from time to time. Any changes will be posted on this page. We encourage you to review this page periodically to stay informed about how we are protecting your information.