Within the broad framework of the common law of tort, the torts of
nuisance and the rule in Rylands v. Fletcher are central to the
protection of the rights of landowners to use and enjoy their land
without unreasonable interference and to be free from material
damage to their interests. Negligence actions can also serve to
promote the protection of personal and property interests. Yet
toxic torts are often seen as being beset by theoretical and
practical drawbacks. Overall there are serious concerns about the
continued value of common law principles as an effective and
coherent system that is geared to protecting the environment.
Environmental law is increasingly developing its own statutory
regimes to address a range of environmental problems. This
accentuates the sense in which the aims and reach of these two
different branches of the law appear to be diverging. Questions
inevitably arise about the inter-relationship between the private
law sphere of tort and the public regulatory schemes.
The contributors to this volume of essays include many of the
UK's leading academics in the relevant fields of private and public
law. While the essays are broadly based, the focus of the book is
on the challenges posed by accommodating tort with environmental
law.
General
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