“…(without fault) commit a nuisance. The purpose of the subsections is accordingly to remove any argument based on the principle in Allen v Gulf Oil Refining Ltd [1981] AC 1001 that an undertaker has a defence of statutory authority. They are, to that extent, provisions that can be said in broad terms to preserve rights of those ripar…”
“…Mr Hart said of the first passage that the problem with it was that there is little point in removing any argument based on Allen v Gulf Oil Refining [1981] AC 1001 if there could never be a civil claim in which that defence could arise in any event. The Allen v Gulf Oil principle was expressed by Lord Wilberforce at 1011E…”
“…In this formulation, “negligence” is used in the special sense explained by Lord Wilberforce in Allen v Gulf Oil Refining Ltd [1981] AC 1001 at 1011 of requiring the undertaker, as a condition of obtaining immunity from action “to carry out the work and conduct the operation with all reasonable rega…”