Proprietary interest required in nuisance claims, absent reference to the Human Rights Act

Although prior to the Human Rights Act 1998 it was necessary for a claim (under the rule in Rylands v Fletcher ) based on strict liability and nuisance to be brought by one with a proprietary interest in the affected land, an arguable case of claimants that common law should be extended in the light of the Human Rights Act led to dismissal of action to strike out a claim.