Gordon Wignal

GORDON WIGNALL

GUIDES TO THE LAW OF NUISANCE

ENVIRONMENTAL PERMITTING LAW

ENVIRONMENTAL PERMITTING REGULATIONS

WASTE - POLLUTION - PERMITTING

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

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’

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

Personal injury, highway obstruction and environmental health constitute these civil and criminal cases. They have little connection with private 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 allows residents to run their own statutory nuisance cases. This can be highly effective. Costs and expenses are recoverable.

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

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

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

Regulators’ powers and enforcement

Variation, enforcement, suspension, criminal offences and other regulatory powers.

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

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

Waste ships

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

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

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

Pollution offences

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

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.