TORTS ASSIGNMENT DATA.

https://www.un.org/en/climatechange/what-is-climate-change

https://www.un.org/en/climatechange/science/causes-effects-climate-change

https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1467&context=sdlp

https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=3020&context=journal_articles

http://classic.austlii.edu.au/au/journals/UQLawJl/2021/20.pdf

https://core.ac.uk/download/pdf/36690383.pdf

https://www.courtsofnz.govt.nz/assets/cases/Case-synopses/NZSC/20220808-Case-Synposis-Smith-v-
Fonterra.pdf

Page 4: As Professor J.B. Ruhl has emphasized, tort law may also play a significant role in helping to
establish standards of foresight and responsibility with respect to climate change adaptation needs.
Beyond such effects, however, tort law is unlikely to play a substantial role in the ultimate effort to
reduce greenhouse gas emissions. ??

In ATTORNEY-GENERAL v. P.Y.A. QUARRIES (1957) 2QB. 169, quarry operations were conducted in such
a way that local residents were affected by dust and vibrations from explosions. The court defined public
nuisance as: “one which materially affects the reasonable comfort and convenience of life of a class of
her majesty’s subjects. The Defendant’s activities were held to amount to a public nuisance.

Proximity

The word proximity means nearness or closeness. The legal term ‘proximity of

relationship’ derives from Lord Atkin’s neighbour principle. The claimant needs to

prove proximity of relationship with the defendant and this may be done by

proving physical closeness, closeness of relationship or a policy reason. It may also

be a combination of these factors. Optimize tort law

Public nuisance protects the public who have certain rights which are not
connected with the ownership of land, for example, the right to walk along a
street. If someone interferes with this right it is a criminal offence and they
can be prosecuted. An individual who is affected more than the public
generally can also sue in tort.

An individual who can show that they have suffered ‘special’ damage over and
above that suffered by the public or a class of the public may sue in the tort of
public nuisance. The special or particular damage includes physical damage to
property, personal injury and economic or financial loss. The reason for this rule is
to stop every individual affected by the public nuisance suing the defendant. 94

The claimant does not need an interest in land to sue in the tort of public nuisance.
An example of such a claim is Tate & Lyle Ltd v GLC [1983] 1 All ER 1159. The
defendant council built a ferry terminal in the River Thames which caused the river
to silt up. The court held that this interfered with the right of navigation and it
was a public nuisance. Although the claimant did not suffer any damage to their
property they had to dredge the river around their own jetty and suffered particular
damage.
If an individual cannot show they have suffered particular damage they can ask
the Attorney General for permission to start civil proceedings known as a relator
action. This may result in the claimant obtaining an injunction to stop the
nuisance. 94