We’ve hit a problem — but is it a nuisance?
In previous blog posts, Gateley looked at the latest Supreme Court decision (Coventry v Lawrence) relating to the law of nuisance. This was a landmark decision dealing with what activities might constitute a legal nuisance, and in what circumstances the court may grant an injunction preventing the nuisance.
Hot on the heels of that decision comes another decision relating to nuisance, this time from the Court of Appeal (Northumbrian Water Ltd v Sir Robert McAlpine). This case dealt with whether a contractor could be held liable for losses resulting from hitting an old sewer during piling operations.
The contractor, Sir Robert McAlpine, was developing a site in Newcastle city centre. During piling operations, the contractor hit an old sewer. Concrete from the piling escaped into the old sewer, and then into the main sewer, causing a major blockage…
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