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.
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.
Related cases on environmental torts and civil liability
- Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312, [2013] QB 455
- Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264
- Corby Group Litigation Claimants v Corby Borough Council [2008] EWCA Civ 463, [2009] QB 335
- Coventry v Lawrence [2014] UKSC 13, [2014] AC 822
- Dobson v Thames Water Utilities Ltd [2009] EWCA Civ 28
- Gillingham Borough Council v Medway (Chatham) Dock Co Ltd [1993] QB 343
- Halsey v Esso Petroleum Co Ltd [1961] 1 WLR 683
- Hunter v Canary Wharf Ltd [1997] AC 655
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