The Nuisance of the Proprietary Interest : Lord Cooke's Dissent in Hunter v Canary Wharf Ltd [1997] AC 655

Abstract

Argues why the dissenting opinion on Lord Cooke in the case of Hunter was preferable to the majority's decision. The chapter also argues how the tort of nuisance could develop in order to take full account of the impact of the Human Rights Act 1998, whilst still remaining a property-based tort.