Allen v Gulf Oil Refining Ltd

Statutory authority is a defence to nuisance where Parliament has authorised the construction and use of an undertaking, if the nuisance is the inevitable result of operating it.

Citation
[1981] AC 1001
Court
House of Lords
Year
1981
Subject
Environmental Law
Topic
Environmental torts and civil liability

Facts

A private Act of Parliament authorised Gulf Oil to acquire land in Pembrokeshire for the construction of an oil refinery. Local residents sued in nuisance, complaining of noise, smell, vibration and fear of explosion from the operation of the refinery. Gulf Oil argued that the Act authorised the operation of the refinery, so it had a defence of statutory authority.

Legal principle

The House of Lords held, by a majority, that the Act impliedly authorised the construction and operation of the refinery, so Gulf Oil had a defence of statutory authority in respect of any nuisance which was the inevitable result of operating the refinery. Lord Wilberforce said that the defence would not cover any nuisance caused by operating the refinery without proper care, and the burden was on Gulf Oil to show that the nuisance was inevitable. The case was sent back for trial on that basis.

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