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Words: | Submitted: Mon Jun 19 2006
... person who approaches it is not 'aggrieved'. In certain cases, environmental European directives andinternational policies can also be relied upon. The English courts traditionally adjudicate individual disputes on environmental harm under the law of tort. The different kinds of torts related to environmental pollution are nuisance, negligence (and the doctrine of strict liability) and in restricted cases, trespass. With the exemption of intentional trespass which is actionable per se, unless damage is proved the action will fail.In a successful action damages will usually be obtained, as a remedy for the plaintiff; if the harm is an anticipated one, injunctive relief is also available. Mandatory injunctions may also be decreed, commanding the defendant to do a particular act like cleaning up a piece of contaminated land or a polluted water source. Injunctions are generally favoured in a nuisance action. It has been widely recognised that the law of nuisance is the most ...
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