What constitutes a continuing private nuisance?

  • FOIL

This appeal concerned the tort of private nuisance in the context of a major oil spill. The question at issue was whether there was a continuing private nuisance and hence a continuing cause of action. This was an important question because it affected when the limitation period for the bringing of claims started to run. The claimants and appellants were two Nigerian citizens. The defendants and respondents were both companies within the Shell group of companies.


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