Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunityN.I.
19. Where, in resisting a claim under this Part, a responsible authority contend that no statutory provision relating to the works in question confers immunity from actions for nuisance in respect of the use to which the claim relates, then if—
(a)compensation is not paid on the claim; and
(b)an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,
no statutory provision relating to those works, being a statutory provision in force when the contention was made, shall afford a defence to that action in so far as it relates to those matters.