Statutory Nuisance: The Sanitary Paradigm and Judicial Conservatism |
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| Authors: | Malcolm Rosalind; Pointing John |
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| Institution: | * Rosalind Malcolm, Professor of Law, University of Surrey, Guildford GU2 7XH (R.Malcolm{at}surrey.ac.uk) and practises as a barrister from Field Court Chambers, Gray’s Inn. John Pointing is a barrister practising from Field Court Chambers, 3 Field Court, Gray’s Inn, London WC1R 5EF (johnpointing{at}hotmail.com). He also lectures at Kingston University. |
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| Abstract: | Despite its long history, statutory nuisance law is still consideredimportant in dealing with localised environmental problems.But it is an area of law that is now beginning to creak—theresult of both its historical origins and the attitude of contemporaryjudges to its modern application. Key recent decisions of theBritish courts are examined, and the judiciary is shown to haveadopted an unduly narrow approach and one that is based on amisinterpretation of legislative intention. A detailed examinationof Parliamentary debates in the middle of the nineteenth centuryduring the development of statutory nuisance laws shows thatthe concept was promoted as being broad, flexible and expansive.Modern courts have singularly failed to adapt statutory nuisanceto contemporary needs, a lost opportunity since the statutorynuisance regime can provide an effective means for local governmentto deal rapidly with environmental problems as well as an accessibleremedy for the private individual. |
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