Sentences with phrase «double recovery fairly»
How is double recovery fairly avoided?
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Lord Cooke stated that, applying the concepts of reasonableness between neighbours and reasonable foreseeability, a defendant, having been given notice of the nuisance and the opportunity to abate it, might fairly be expected to bear the cost of reasonably necessary remedial works, and the party on whom the cost fell may recover it, even though there may be elements of hitherto unsatisfied pre-proprietorship damage or «protection for the future», provided there is no double recovery.