15 Pages
3660Words
Introduction Of The "St Helen's Smelting Co V Tipping- 1865" Case Study Which Incorporates The Major Discussion On The Pollution That Was Created By The Factory Of Copper Smelting Case Study
Get free written samples from expert assignment writers and academic writing services in UK.
Part 1: Key facts related to the Legal Methods And Skills case study
Summary of the key facts
There are various facts that are involved in the "St Helen's Smelting Co v Tipping- 1865" case study which incorporates the major discussion on the pollution that was created by the factory of copper smelting. On the other hand, it can be stated that Claimant was facing a lot of issues due to the factory since the factory was releasing a lot of toxic gases due to which the environment is getting polluted[1]. Additionally, it can be stated that the key factor of the respective case is that due to the emission of harmful gases the trees as well as crops are getting destroyed. As a contradiction to this, it can be stated complaining regarding this is not acceptable as per the case study since in the towns industrial activities will prevail along with commerce as well as trade for the development of the city.
Identifying the points of law
The court of the respective nation needs to answer various types of questions related to environmental laws “The Environmental Protection Act 1990” as well as the rights of the people within the nation. Additionally, it can be stated that questions related to laws are very significant to answer by the court of the respective nation in order to appropriate justice to the people. As per the case study, the questions that are required to answer by the court are is it legal to establish a factory for smelting copper in a society[2]. Additionally, the other questions that were asked in the legal context are whether the industries which were built are following the norms of “The Environmental Protection Act 1990” or not[3].
The central legal issues deal with the various issues that are related to the legal implications as well as need a lawyer in order to sort out the problem. On the other hand, in the concerned case study document, the central legal issue was whether the defendant acquired the right to discharge the toxic gases or not. Additionally, it can be stated that the major central focal point is whether the Claimant has to face the problem regularly[4]. Moreover, it can be stated that one of the prime focal point is the due to the toxic gases the environment is getting much polluted and the environment is also getting much polluted[5]. Based on the above points it can be claimed that the above points are the central legal issues that are need to be addressed by the court of the respective nation in order to deal with the prevailing issues.
The secondary legal issues within the court deals with the various types of matters that are majorly discussed analyze as well as explained along with a critique of the law. Moreover, it can be stated that the major difference between primary as well as secondary law is that the “primary legislation Act” is majorly passed by the “parliament of the nation”[6]. On the other hand, it can be stated that the secondary laws deal with the small changes that are made in the legislation. Additionally, it can be claimed that there is the presence of secondary legal issues which incorporates the laws related to equity along with conscience and many more.
Analysis of the decision
The aspect of conservation of the environment plays a very crucial role for all living creatures. Additionally, it can be stated that due to the toxic gases the plants, as well as animals, are dying and the environment is destroyed. Based on the case study it can be stated that the respective person is facing a lot of problems due to the concerned factory that was established in the area. On the other hand, it can be noted that appropriate steps are needed to be taken in order to protect the environment as well as climate change. Therefore, it can be claimed that in the cases of a nuisance it is very significant in order to distinguish between the facts which are “physical damage to property” as well as loss of comfort and amenities. As a contradiction to this, the defendants of the respective case study also showed various types of evidence in order to prove their argument that the toxic gases are threatening their lives.
On the other hand, it can be stated that the pieces of evidence that were presented are the tall chimneys of the factory as well as the smoke that was coming out. In addition to the above mention point, some of the alkali works that was prevailing within the respective industry were stopped by the workers since the materials is produced by potassium hydroxide, sodium carbonate, sodium hydroxide as well as potassium carbonate[7]. Based on the above discussions it can be noted that there are various steps that are taken by the jurors in incorporating various facts that are discussed in the above discussions[8]. The major decision that is taken by the jurors through taking all the facts into consideration is that the persons need not take steps based on their extreme rights as well as to take action on every “matter of annoyance”. On the other hand, it can be stated that the major reason which was presented is appropriate development is required for the respective nation through developing the industries in a proper manner.
The obiter dicta deal with the suggestion as well as comment or observation that is been provided by the judge of the court in a specific opinion “that is not required” in order to solve the case that is been introduced. On the other hand, it can be stated that in the respective case studies their various comments as well as suggestions that are made by the judge that are inappropriate in order to deal with the major issue that has been raised. The relevant obiter dicta in the respective case study that is made by the judge are “My opinion has not always been that which it is now”.
As per the case study, it can be noted that the issues which were raised by the people have incorporated more than one judgment which includes some of the judgments are in the favor of the people[9]. Additionally, some of the judgment is inclined towards the decision of the respective factory. As per “Mr. Baron Bramwell” the adoption of various types of principles are significant and the respective judge states that the doctrine of nuisance is not applicable for the fact of the respective condition. As a contradiction to this, “Lord Chief Justice Erle” stated that his views are the same as “Mr. Justice Willes”. Moreover, it can be stated that the majority of the judgment, as well as opinions, fall in the favour of protecting the environment as well as reducing the amount of toxic gases due to which people are suffering from various health issues.
Based on the case study, it can be stated that there are various arguments that prevailed within the concerned court and there were various different types of arguments that are made by the various judges. Additionally, it can be stated that some of the judges stated that the concept of the environment plays a very crucial role in the survival of the people[10]. On the other hand, it can be stated that some of the judges explained that the development of the industries is very significant in order to achieve the goal of the concerned nation. Additionally, it can be claimed that majority of the support of the judges in on the side to protect the environment.
Part 2: Political context surrounding the case study
Political context, social policy, and impact of the judgment
The aspect of the decision plays a very crucial role in order to provide appreciative suggestions to the people. The implications of the respective case study include various facts such as which group of people got the benefit from the decision that is taken by the court. In addition to the above mention point, it can be stated that the group of people who were on the side to reduce the amount of toxic gases in order to concern the animals as well as trees along with crops that are grown on the long acre of land [11]. On the other hand, it can be stated that some of the judges are in the favor of the respective factory people since the argument was provided that for the appropriate development of the nation these factors are very common.
The political aspects have been observed in the respective case since at a particular time the case has been heard by the court. Moreover, it can be stated that the respective case has been heard at a time since appropriate actions were taken in order to deal with the issues[12]. Additionally, there were various problems that were faced by the people in the society and the respective company has a very good relationship with the political groups. The political groups have supported the respective factory in a huge way such as by providing appropriate licenses in order to establish the concerned factory in a proper manner[13]. The major outcome of the respective case is that the respective industry is not following the environmental norms in a proper manner due to which the people have to suffer a lot. On the other hand, it can be stated that the respective court has an overall impact on the laws of the respective nation in order to protect the environment.
The appropriate decision within the court has been taken as per the seniority level of the judges. Additionally, it can be stated that the defendants of the group is on the beneficial point since the respective step has been taken as per the laws of the nation. The hierarchy of the court is classified in three divisions that are “The Queen’s Bench”, “The Chancery Division” as well as the “Family Division”. All the process has been taken on the basis of maintaining the laws of the nation as well as maintaining the jurisdiction of the nation[14]. The respective case has a positive impact on the overall area since the people are raising their voices regarding these factors. The doctrine of laws deals with the theory, principle, as well as position that is needed, upheld along with applied in the court of law. The respective context is related to the wider concepts since it is related to protecting the environment in a proper manner.
On the other hand, it can be stated that appropriate decisions are needed to be made by the decision makers in order to formulate the laws in a proper manner. Moreover, it can be stated that the appropriate doctrine of law is used in order to make the decisions in a proper way. All the set of rules, as well as regulations that are present within the respective doctrine of law, are used to provide appropriate decisions to the people[15]. The major disadvantage of the doctrine of law is that it has a deficiency of flexibility in order to do the tasks as well as the inability of the “common law” in order to adapt to the socio-economic, changing morale as well as political resulting. The questions there were asked in the sessions are properly answered by the judges. In addition to the above mention point, it can be stated that appropriate decisions are also taken in order to reduce the emissions of toxic gases.
There were various problems that were seen in the reasoning of the judges such as all the judges are not having the same point of view of the concerned context. As a contradiction to this, due to the problems in the reasoning of the judges, the people are unable to come up with a conclusion. Based on the above study it can be stated that by adopting a different perspective assists the judges to make proper decisions on the concerned context. Moreover, it can be claimed that due to the different types of opinions of the judges the respective matter became very complex for both parties.
Reference list
Bilgen, Selçuk, and ?kbal Sar?kaya. "Energy conservation policy and environment for a clean and sustainable energy future." Energy Sources, Part B: Economics, Planning, and Policy 13, no. 3 (2018): 183-189. <https://www.researchgate.net/profile/Ikbal-Sarikaya/publication/322321637_Energy_conservation_policy_and_environment_for_a_clean_and_sustainable_energy_future/links/5bad065745851574f7ea8f0a/Energy-conservation-policy-and-environment-for-a-clean-and-sustainable-energy-future.pdf>
Bille Larsen, Peter, Philippe Le Billon, Mary Menton, José Aylwin, Jörg Balsiger, David Boyd, Michel Forst et al. "Understanding and responding to the environmental human rights defenders crisis: The case for conservation action." Conservation Letters 14, no. 3 (2021): e12777. <https://conbio.onlinelibrary.wiley.com/doi/pdf/10.1111/conl.12777>
DeMichele, Matthew, Megan Comfort, Kelle Barrick, and Peter Baumgartner. "The intuitive-override model: Nudging judges toward pretrial risk assessment instruments." Fed. Probation 85 (2021): 22. DeMichele, Matthew, Megan Comfort, Kelle Barrick, and Peter Baumgartner. "The intuitive-override model: Nudging judges toward pretrial risk assessment instruments." Fed. Probation 85 (2021): 22. <https://www.mdpi.com/2071-1050/12/13/5423/pdf>
Kheybari, Siamak, Fariba Mahdi Rezaie, and Jafar Rezaei. "Measuring the importance of decision-making criteria in biofuel production technology selection." IEEE Transactions on Engineering Management 68, no. 2 (2019): 483-497. <https://www.researchgate.net/profile/Siamak-Kheybari/publication/332813764_Measuring_the_Importance_of_Decision-Making_Criteria_in_Biofuel_Production_Technology_Selection/links/6279330e3a23744a72704552/Measuring-the-Importance-of-Decision-Making-Criteria-in-Biofuel-Production-Technology-Selection.pdf>
Lahieb Faisal, M., Seroor Atalah Khaleef Ali, Zainab T. Al-Sharify, and Azaldeen Ali. "The Effect of Smoke from Factories, Electricity Generator and Vehicles on Human Health and Environment. A Review." Solid State Technology 63, no. 6 (2020): 21390-21398. <https://www.researchgate.net/profile/Lahieb-Muhaisen/publication/348849152_The_Effect_of_Smoke_from_Factories_Electricity_Generator_and_Vehicles_on_Human_Health_and_Environment_A_Review/links/601428e945851517ef256f47/The-Effect-of-Smoke-from-Factories-Electricity-Generator-and-Vehicles-on-Human-Health-and-Environment-A-Review.pdf>
Narawish, Chutimon, Dilip Kumar Sharma, S. Suman Rajest, and R. Regin. "Importance of Cost Efficiency in Critical Aspect of Influences the Decision-Making Process in Banks." Turkish Journal of Physiotherapy and Rehabilitation 32, no. 3 (2021): 47184-47212. <https://www.researchgate.net/profile/Regin-Rajan/publication/358806181_Importance_of_Cost_Efficiency_in_Critical_Aspect_of_Influences_the_Decision-Making_Process_in_Banks/links/621b25909947d339eb6cdbf7/Importance-of-Cost-Efficiency-in-Critical-Aspect-of-Influences-the-Decision-Making-Process-in-Banks.pdf?_sg%5B0%5D=started_experiment_milestone&origin=journalDetail>
Rarasandy, Lianita, Andreas Priyono Budi Prasetyo, and Sri Ngabekti. "Student's Conservation Attitudes and Behavior After Conservation and Environment-Courses." Journal of Innovative Science Education 9, no. 2 (2020): 144-150. <https://journal.unnes.ac.id/sju/index.php/jise/article/download/33186/14010>
Schrager, Sarina, Viktoriya Ovsepyan, and Elizabeth Burnside. "Breast cancer screening in older women: the importance of shared decision making." The Journal of the American Board of Family Medicine 33, no. 3 (2020): 473-480. <https://www.jabfm.org/content/jabfp/33/3/473.full.pdf>
Selim, Md Abdus. "Conservation of Environment through Folkloric Beliefs and Practices." Environmental Issues: Approaches and Practices (2019) (2019): 85-93. <https://www.syamaprasadcollege.in/wp-content/uploads/2020/08/Chapter-9.-M.-A.-Selim-Conservation-of-Environment-through-Folkloric-Beliefs-and-Practices.pdf>
Shiferaw, Natnael, Lulit Habte, Thriveni Thenepalli, and Ji Whan Ahn. "Effect of eggshell powder on the hydration of cement paste." Materials 12, no. 15 (2019): 2483. <https://www.paperpublications.org/upload/book/paperpdf-1601988478.pdf>
Sourdin, Tania. "Judge v Robot?: Artificial intelligence and judicial decision-making." University of New South Wales Law Journal, The 41, no. 4 (2018): 1114-1133. <https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2018/12/Sourdin.pdf>
Website
Lawresources (2021), St Helen’s Smelting Co v Tipping [1865] UKHL J81 House of Lords, <http://www.e-lawresources.co.uk/cases/St-Helens-Smelting-Co-v-Tipping.php> Accessed 16.09.2022
[1] Lawresources (2021), St Helen’s Smelting Co v Tipping [1865] UKHL J81 House of Lords, <http://www.e-lawresources.co.uk/cases/St-Helens-Smelting-Co-v-Tipping.php> Accessed 16.09.2022
[2] Rarasandy, Lianita, Andreas Priyono Budi Prasetyo, and Sri Ngabekti. "Student's Conservation Attitudes and Behavior After Conservation and Environment-Courses." Journal of Innovative Science Education 9, no. 2 (2020): 144-150. <https://journal.unnes.ac.id/sju/index.php/jise/article/download/33186/14010>
[3] Bilgen, Selçuk, and ?kbal Sar?kaya. "Energy conservation policy and environment for a clean and sustainable energy future." Energy Sources, Part B: Economics, Planning, and Policy 13, no. 3 (2018): 183-189. <https://www.researchgate.net/profile/Ikbal-Sarikaya/publication/322321637_Energy_conservation_policy_and_environment_for_a_clean_and_sustainable_energy_future/links/5bad065745851574f7ea8f0a/Energy-conservation-policy-and-environment-for-a-clean-and-sustainable-energy-future.pdf>
[4] Lawresources (2021), St Helen’s Smelting Co v Tipping [1865] UKHL J81 House of Lords, <http://www.e-lawresources.co.uk/cases/St-Helens-Smelting-Co-v-Tipping.php> Accessed 16.09.2022
[5] Selim, Md Abdus. "Conservation of Environment through Folkloric Beliefs and Practices." Environmental Issues: Approaches and Practices (2019) (2019): 85-93. <https://www.syamaprasadcollege.in/wp-content/uploads/2020/08/Chapter-9.-M.-A.-Selim-Conservation-of-Environment-through-Folkloric-Beliefs-and-Practices.pdf>
[6] Bille Larsen, Peter, Philippe Le Billon, Mary Menton, José Aylwin, Jörg Balsiger, David Boyd, Michel Forst et al. "Understanding and responding to the environmental human rights defenders crisis: The case for conservation action." Conservation Letters 14, no. 3 (2021): e12777. <https://conbio.onlinelibrary.wiley.com/doi/pdf/10.1111/conl.12777>
[7] Lahieb Faisal, M., Seroor Atalah Khaleef Ali, Zainab T. Al-Sharify, and Azaldeen Ali. "The Effect of Smoke from Factories, Electricity Generator and Vehicles on Human Health and Environment. A Review." Solid State Technology 63, no. 6 (2020): 21390-21398. <https://www.researchgate.net/profile/Lahieb-Muhaisen/publication/348849152_The_Effect_of_Smoke_from_Factories_Electricity_Generator_and_Vehicles_on_Human_Health_and_Environment_A_Review/links/601428e945851517ef256f47/The-Effect-of-Smoke-from-Factories-Electricity-Generator-and-Vehicles-on-Human-Health-and-Environment-A-Review.pdf>
[8] Shiferaw, Natnael, Lulit Habte, Thriveni Thenepalli, and Ji Whan Ahn. "Effect of eggshell powder on the hydration of cement paste." Materials 12, no. 15 (2019): 2483. <https://www.paperpublications.org/upload/book/paperpdf-1601988478.pdf>
[9] Lawresources (2021), St Helen’s Smelting Co v Tipping [1865] UKHL J81 House of Lords, <http://www.e-lawresources.co.uk/cases/St-Helens-Smelting-Co-v-Tipping.php> Accessed 16.09.2022
[10] Sourdin, Tania. "Judge v Robot?: Artificial intelligence and judicial decision-making." University of New South Wales Law Journal, The 41, no. 4 (2018): 1114-1133. <https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2018/12/Sourdin.pdf>
[11] DeMichele, Matthew, Megan Comfort, Kelle Barrick, and Peter Baumgartner. "The intuitive-override model: Nudging judges toward pretrial risk assessment instruments." Fed. Probation 85 (2021): 22. DeMichele, Matthew, Megan Comfort, Kelle Barrick, and Peter Baumgartner. "The intuitive-override model: Nudging judges toward pretrial risk assessment instruments." Fed. Probation 85 (2021): 22. <https://www.mdpi.com/2071-1050/12/13/5423/pdf>
[12] Kheybari, Siamak, Fariba Mahdi Rezaie, and Jafar Rezaei. "Measuring the importance of decision-making criteria in biofuel production technology selection." IEEE Transactions on Engineering Management 68, no. 2 (2019): 483-497. <https://www.researchgate.net/profile/Siamak-Kheybari/publication/332813764_Measuring_the_Importance_of_Decision-Making_Criteria_in_Biofuel_Production_Technology_Selection/links/6279330e3a23744a72704552/Measuring-the-Importance-of-Decision-Making-Criteria-in-Biofuel-Production-Technology-Selection.pdf>
[13] Schrager, Sarina, Viktoriya Ovsepyan, and Elizabeth Burnside. "Breast cancer screening in older women: the importance of shared decision making." The Journal of the American Board of Family Medicine 33, no. 3 (2020): 473-480. <https://www.jabfm.org/content/jabfp/33/3/473.full.pdf>
[14] Lawresources (2021), St Helen’s Smelting Co v Tipping [1865] UKHL J81 House of Lords, <http://www.e-lawresources.co.uk/cases/St-Helens-Smelting-Co-v-Tipping.php> Accessed 16.09.2022
[15] Narawish, Chutimon, Dilip Kumar Sharma, S. Suman Rajest, and R. Regin. "Importance of Cost Efficiency in Critical Aspect of Influences the Decision-Making Process in Banks." Turkish Journal of Physiotherapy and Rehabilitation 32, no. 3 (2021): 47184-47212. <https://www.researchgate.net/profile/Regin-Rajan/publication/358806181_Importance_of_Cost_Efficiency_in_Critical_Aspect_of_Influences_the_Decision-Making_Process_in_Banks/links/621b25909947d339eb6cdbf7/Importance-of-Cost-Efficiency-in-Critical-Aspect-of-Influences-the-Decision-Making-Process-in-Banks.pdf?_sg%5B0%5D=started_experiment_milestone&origin=journalDetail>
