“The Court of Appeal has, in recent months, been required to adjudicate three times in respect of the on-going litigation in Jalla v Shell. This article will note the consequences of these three judgments taken together, but with particular focus on the concept of, and conclusions to be drawn from, the Court’s reasoning as to the question of continuing nuisance. It will be seen that the Court of Appeal’s assessment – that the on-going effects emerging from an oil spill could not be considered a continuing nuisance – are significant both for the outcome of the case and also in highlighting the nature of the tort of nuisance as a tort against property …” (more)
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Emma FI Lees, ‘Continuing nuisance and limitation in the Court of Appeal: Jalla v Shell’, Environmental Law Review, https://doi.org/10.1177/14614529221102760. First Published 3 June.
First posted 2022-06-04 18:00:34
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