Allen v Gulf Oil [1981] AC 1001
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:04:35 UTC
An act of parliament allowed Defendant to build an oil refinery which caused offensive noise, smell and vibrations to Plaintiff’s property.
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However HL held that since the activity was sanctioned by an act of parliament, it could not constitute a nuisance.
(NB this doesn’t extend to the decisions of planning authorities- see Wheeler above).
Lord Wilberforce
The basis for this rule is that parliament has performed the exercise of weighing up public and private interest and made a decision on that basis.
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