This paper was delivered at the International Law conference in Kuala Lumpur. You can read the introduction below and the full paper by clicking on the relevant link.
With statutory regulation covering an ever increasing area in Environmental Law, the question arises as to whether private law remedies have a meaningful role to play in that arena?
When addressing the doctrine of Rylands v Fletcher, Lord Hoffmann remarked at paragraph 39 of his Opinion in Transco plc v Stockport Metropolitan Borough Council  2 AC 1. : “It is hard to escape the conclusion that the intellectual effort devoted to the rule by judges and writers over many years has brought forth a mouse”.
If true of Rylands v Fletcher, does that observation apply to common law remedies as a whole in relation to their utility in environmental law cases?