Search results

1 – 10 of over 3000
Article
Publication date: 1 January 1993

G.M. Bohlen, A. Diamantopoulos and B.B. Schlegelmilch

Aims to redress a research gap on green issues through its focus onconsumer perceptions of environmental nuisances arising in a servicesetting (freight transport). Presents the…

Abstract

Aims to redress a research gap on green issues through its focus on consumer perceptions of environmental nuisances arising in a service setting (freight transport). Presents the results of the preliminary stage of a large‐scale study, which consisted of semi‐structured personal interviews with members of the general public. Following a descriptive comparison of nuisances arising from road and rail freight transport, tests a number of hypotheses generated from the limited available research on socio‐demographic and situational factors which are likely to impinge on individuals′ perceptions of environmental nuisances.

Details

Marketing Intelligence & Planning, vol. 11 no. 1
Type: Research Article
ISSN: 0263-4503

Keywords

Article
Publication date: 8 April 2014

Robert Charles Palmer

This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the…

Abstract

Purpose

This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues.

Design/methodology/approach

The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.

Findings

Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection.

Research limitations/implications

Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime.

Originality/value

This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 February 1967

E.J. Richards

IT does not require a very large crystal ball to envisage the growth of aviation during the next fifteen years. Sea travel has become too slow; air travel has become reliable and…

Abstract

IT does not require a very large crystal ball to envisage the growth of aviation during the next fifteen years. Sea travel has become too slow; air travel has become reliable and more independent of weather conditions; world trade has forced travel into the remotest areas; industrial countries have become more affluent, and the urge for private world travel has accompanied affluence. It is not surprising, therefore, to hear the Chairman of the British Airport Authority, Peter Masefield, predict a fifteenfold growth in air traffic in the United Kingdom during the next twenty years and to find the F.A.A. confidently anticipating a doubling of passenger traffic in five years and a nine‐fold increase in small jets in the same period.

Details

Aircraft Engineering and Aerospace Technology, vol. 39 no. 2
Type: Research Article
ISSN: 0002-2667

Article
Publication date: 19 April 2011

Francis Moor

The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major…

Abstract

Purpose

The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major infrastructure projects in private nuisance actions. The paper will assess the extent to which this provision could broaden the scope of the existing defence and consider the practical implications of the new measures.

Design/methodology/approach

The paper analyses existing case law, and the historic evolution of the UK doctrine of statutory authority, in order to assess the potential judicial approach to the defence in infrastructure planning decisions.

Findings

Although s.158 of the Planning Act 2008 appears to further broaden the opportunity for the statutory immunity defence to be used, certain historical restrictions will affect its application. In awarding the defence, the judiciary have taken into account a variety of considerations such as the specificity of the location, the inevitability of the nuisance, the effect on statutory provisions, and the bearing that negligence has on the defence. These exceptions prove that there is no such thing as “blanket immunity”, and developers may still be held responsible for their un‐neighbourly conduct.

Practical implications

The scope of the protection conferred on developers of major infrastructure projects can appear confusing and could potentially create the assumption that statutory authority will act as a total defence to any actions. Developers, and their advisers, will need to be aware of the aforementioned exceptions before seeking to rely on the statutory authority defence.

Originality/value

This paper proposes that the doctrine of statutory authority has gained a newly significant status and uses recent legislation and a comprehensive overview of the existing case law to demonstrate these findings.

Details

International Journal of Law in the Built Environment, vol. 3 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 8 April 2014

Robert Charles Palmer

This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific…

1123

Abstract

Purpose

This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific areas of the tort that are theoretically unresolved in order to ascertain the potential future role it may play before highlighting the capacity for injunctions to coerce restorative environmental justice.

Design/methodology/approach

The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.

Findings

Nuisance developed to a point in the nineteenth century where a “theory of nuisance” emerged, which did not tolerate injury to health or the property of another. Recent judicial activity has visibly adulterated that theory: this article casts doubts on juridical restrictions regarding health and property suggesting they may not withstand the scrutiny of the Supreme Court if, and when, they are tested.

Originality/value

This paper recognises that nuisance law has a positive future in environmental protection provided that the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 November 1972

Reid, Morris of Borth‐y‐Gest, Pearson, Simon of Glaisdale and Salmon

June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more…

81

Abstract

June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more than one year after giving up work — Lack of knowledge that disease attributable to breach of duty — Whether workman entitled to bring action outside period — Limitation Act 1963 (c.47) ss. 1(3), 7(3).

Details

Managerial Law, vol. 13 no. 2
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 23 November 2011

Tiemen Woutersen

Observations in a dataset are rarely missing at random. One can control for this non-random selection of the data by introducing fixed effects or other nuisance parameters. This…

Abstract

Observations in a dataset are rarely missing at random. One can control for this non-random selection of the data by introducing fixed effects or other nuisance parameters. This chapter deals with consistent estimation the presence of many nuisance parameters. It derives a new orthogonality concept that gives sufficient conditions for consistent estimation of the parameters of interest. It also shows how this orthogonality concept can be used to derive and compare estimators. The chapter then shows how to use the orthogonality concept to derive estimators for unbalanced panels and incomplete data sets (missing data).

Details

Missing Data Methods: Cross-sectional Methods and Applications
Type: Book
ISBN: 978-1-78052-525-9

Keywords

Open Access
Article
Publication date: 13 April 2015

Philip Hubbard

This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues…

5823

Abstract

Purpose

This paper aims to explore how municipal law, in its various guises, serves to police the boundaries of acceptable sexual conduct by considering how Sexual Entertainment Venues (SEVs) in British cities are controlled through diverse techniques of licensing and planning control.

Design/methodology/approach

The paper describes the emergence of permissive new licensing controls that provide local authorities considerable control over SEVs. Licensing decisions, judicial review cases and planning inspectorate adjudications since the inception of the new powers are examined to explore the logic of judgements preventing SEVs operating in specific localities.

Findings

Through analysis of case studies, it is shown that local authorities have almost total discretion to prevent SEVs operating in specific localities, particularly those undergoing, or anticipated to be undergoing, redevelopment and regeneration.

Originality/value

This paper offers unique insights on the “scope” of municipal law by highlighting how land uses associated with “sexual minority” interests are regulated in the interests of urban regeneration, redevelopment and restructuring.

Details

International Journal of Law in the Built Environment, vol. 7 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 March 1991

G. Waterson

Concentrates on those provisions of the Environmental ProtectionAct 1990 which directly affect the property manager in general practice.Discusses the background to the Act, Part…

Abstract

Concentrates on those provisions of the Environmental Protection Act 1990 which directly affect the property manager in general practice. Discusses the background to the Act, Part I: Integrated Pollution Control, Part II: Waste disposal on land, Part III: Statutory nuisance, and further provisions of Parts IV to IX. Concludes that the provisions relating to Integrated Pollution Control in particular are likely to have future significance.

Details

Property Management, vol. 9 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Content available
Article
Publication date: 1 September 1999

G. Waterson and Rosalind Lee

145

Abstract

Details

Property Management, vol. 17 no. 3
Type: Research Article
ISSN: 0263-7472

1 – 10 of over 3000