Colin McCaul, ‘Private Law Remedies in Environmental Law – Mouse or Lion ?’

“With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena? When addressing the doctrine of Rylands v Fletcher, Lord Hoffmann remarked at paragraph 39 of his Opinion in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1 : ‘It is hard to escape the conclusion that the intellectual effort devoted to the rule by judges and writers over many years has brought forth a mouse’ …” (more)

[39 Essex Street, London, October 2014]

First posted 2014-11-18 14:47:28

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