43, refd to. Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1 House of Lords. . [para. & S. 62, refd to. When the river Taff flooded, the spoil heaps diverted the floods to damage the claimants’ homes. Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61. The neighbour L objected that the noise emitted by the operations were a nuisance. 3]. Rainham Chemical Works Ltd. v. Beleve­dere Fish Guano Co., [1921] 2 A.C. 465, refd to. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. [para. ), refd to. Transco plc v Stockport Metropolitan BC (259 words) exact match in snippet view article find links to article Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61 is an important English tort law case, concerning the rule in Rylands v. Fletcher. 480, pp. Lord Hoffmann. 408, refd to. Only full case reports are accepted in court. ), refd to. 59]. [2012] EWCA Civ 1248, [2013] Env LR 10, [2012] WLR(D) 266, [2012] 42 EG 133, [2013] 1 All ER 694Cited – Coventry and Others v Lawrence and Another SC 26-Feb-2014 C operated a motor racing circuit as tenant. [1924] 1 KB 341, [1924] 93 LJKB 261, [1924] 68 Sol Jo 501Cited – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 22-Feb-2000 hlbeck_ScarboroughCA2000Land owned by the defendant was below a cliff, at the top of which was the claimant’s hotel. The majority were influenced by the difficulties of interpretation and application to which the rule had given rise, the . 59]. 289, refd to. Shiffman v. Order of St. John of Jerusa­lem, [1936] 1 All E.R. Allen v. Gulf Oil Refining Ltd., [1981] A.C. 1001 (H.L. The water board had had no knowledge of or reason to suspect any danger to the public at the place in question. Merlin v. British Nuclear Fuels plc, [1990] 2 Q.B. Cas. 743 (H.L. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk, Jones v Bellgrove Properties Limited: CA 1949, Marcic v Thames Water Utilities Limited: HL 4 Dec 2003. 40]. ‘It is perhaps not surprising that counsel could not find a reported case since the second world war in which anyone had succeeded in a claim under the rule. Times 27-Jun-00, Gazette 13-Jul-00, [2000] UKHL 70, [2000] 3 All ER 289, [2000] EG 80, [2000] NPC 71, [2000] 2 EGLR 5, [2000] BLGR 547, (2001) 81 P and CR 9, [2001] 2 AC 1, [2000] 3 WLR 165, [2000] RVR 235Cited – Hammersmith and City Railway Co v Brand HL 1869 In the absence of negligence, damage caused by operations authorised by statute is not compensatable unless the statute expressly so provides. . 59]. Comments. Though the occasion for the operation of the rule in Rylands is now very much restricted, it was too soon to declare it no longer to be part of English law. University College London. [1871] LR 6 Exch 217, [1871] 40 LJ Ex 120, [1871] 19 WR 723Cited – Anderson v Oppenheimer CA 1880 The defendant owned a house in the City of London with different floors let to tenants. Strict liability - Application of rule in Rylands v. Fletcher - A water pipe owned by the Stockport Metropolitan Borough Council which supplied water to a block of flats leaked undetected for a prolonged period of time - The leak caused an em­bankment to collapse leaving a high pres­sure gas main belonging to Transco to be exposed and unsupported - There was an immediate and serious risk that the gas main might crack, with potentially devas­tating consequences - Transco took prompt and effective remedial measures and sued to recover from the council the agreed cost of taking these measures - Transco claimed that the council was liable without proof of negligence under the rule in Rylands v. Fletcher - The House of Lords affirmed that Transco's case did not fit within the test set out in Rylands v. Fletcher - The court reviewed the scope and application, in modern conditions, of the rule and opined that the rule should be retained - The court purported to clarify some aspects of the rule. [paras. It was claimed that the judgement was not sufficiently clear to completely write out the possibility of Rylands v. Fletcher being a completely distinct doctrine (Here) [4] However, this was eventually concluded in the 2003 case of Transco plc v Stockport Metropolitan Borough Council (Here). 87]. . 161 to 165 [para. Lord Scott of Foscote. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Rain cause the heap to slip, damaging nearby properties. 42 (H.C.), refd to. 26]. . [paras. [paras. [para. 107]. . Transco plc v Stockport MBC [2004] 2 AC 1. 67]. Where however damage could be brought within the . Torts - Topic 2004 The case illustrates the reserve that the House of Lords usually displays with regard to the rule in Rylands v. Fletcher. Stallybrass, Dangerous Things and the Non-Natural User of Land (1929), 3 C.L.J. [1876] 2 Ex D 1Cited – Dale v Hall 1750 Damage done by rats is not normally an act of God. Held: It was no answer to an action for damages that he selected a proper place within his land for an activity which would interfere with a neighbour’s enjoyment . [5] [1] Ballard v. Tomlinson, [1885] 29 ChD 115. 30]. 4, 51, 81, 93]. 315 (QB). Held: The owner of . Rickards v. Lothian, [1913] A.C. 263 (P.C. The mound spread until, for a fee, it was dumped also across the canal. 1985 SLT 214Cited – Attorney General v Cory Brothers and Co Ltd HL 1921 The defendant colliers placed waste from the mine in a huge heap. v. West­minster (City), [2002] 1 A.C. 321; 281 N.R. ), refd to. Transco plc v Stockport Metropolitan BC [2003] Confirms Cambridge Water Modern shape of Rylands v Fletcher - Rylands is sub-species of private nuisance - Rule should not be abolished and absorbed into negligence - Tort in land, i.e. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. ), refd to. The 11-storey tower built in the 1950's by Stockport MBC's predecessor was not in itself an unusual use of land. Wildtree Hotels Ltd. v. Harrow London Borough Council, [2001] 2 A.C. 1, refd to. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. The claimants’ premises were flooded but the waterworks company was . . [para. . Held: The defendant knew of the perilous state of her property (a . . . [para. 966, refd to. Read v. Lyons (J.) [para. Held: The defendant . [paras. v. Ministry of Defence, [1999] Ch. The defendant council were responsible for the maintenance of the pipe work supplying water to a block of flats. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. He can let it fall into . 92]. 96]. 6]. It is hard to escape the conclusion that the intellectual effort devoted to the rule by judges and writers over many years has brought forth a mouse.’ A guide to whether there was a ‘non-natural’ user of land is to ask whether the damage was insurable. 1-86 [para. [1921] 2 AC 465, [1921] All ER 48Cited – Perry v Kendricks Transport Ltd CA 1956 The Act gave a defence to liability for a fire which started accidentally, this did not cover a fire which started by negligence. VLEX CANADA IS OFFERED IN PARTNERSHIP WITH: Transco plc v. Stockport Metropolitan Borough Council, (2003) 315 N.R. 11]. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 3, 28]; p. 219 [para. 6 Exch. No. 485, refd to. The defendant’s liability in Rylands: ‘could simply have been placed on the defendants’ failure of duty to take . 966, refd to. The House of Lords has upheld the decision of the Court of Appeal and found that, on the facts, the council was not liable for the escape of water from its land under the rule in Rylands v Fletcher . 557 to 571 [para. Job Edwards Ltd. v. Birmingham Naviga­tions Proprietors, [1924] 1 K.B. University. The Appellate Committee comprised: Lord Bingham of Cornhill. . 4 H.L. [1938] Ch 1Applied – Read v J Lyons and Co Ltd HL 1946 The plaintiff was employed by the Ministry of Defence, inspecting a weapons factory. . Cambridge Water Co. v. Eastern Countries Leather plc., [1994] 2 A.C. 264; 162 N.R. 95]. Water damage caused by leaking pipe, natural use of land by Council. 836, refd to. 13, pp. . Burnie Port Authority v General Jones Property Ltd, Leakey v The National Trust for Places of Historic Interest or Natural Beauty, RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council, Attorney General v Cory Brothers and Co Ltd, Rainham Chemical Works Ltd (in liquidation) and others v Belvedere Fish Guano Co Ltd, Shiffman v Order of St John of Jerusalem (Grand Priory in the British Realm of the Venerable Order of the Hospital), Miles v Forest Rock Granite Co (Leicestershire) Ltd, Cambridge Water Company v Eastern Counties Leather Plc, Wildtree Hotels Ltd and others v Harrow London Borough Council, Empress Car Company (Abertillery) Ltd v National Rivers Authority, Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2), Charing Cross Electricity Supply Co v Hydraulic Power Co, Delaware Mansions Limited and others v Lord Mayor and Citizens of the City of Westminster, Job Edwards Ltd v Birmingham Navigations Proprietors, Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council, Blue Circle Industries Plc v Ministry of Defence, Transco plc and Another v Stockport Metropolitan Borough Council, Arscott and others v Coal Authority and Another, LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others, Coventry and Others v Lawrence and Another, Knud Wendelboe and Others v LJ Music Aps, In Liquidation: ECJ 7 Feb 1985, Morina v Parliament (Rec 1983,P 4051) (Judgment): ECJ 1 Dec 1983, Angelidis v Commission (Judgment): ECJ 12 Jul 1984, Bahr v Commission (Rec 1984,P 2155) (Judgment): ECJ 17 May 1984, Metalgoi v Commission (Rec 1984,P 1271) (Judgment): ECJ 1 Mar 1984, Eisen Und Metall Aktiengesellschaft v Commission: ECJ 16 May 1984, Bertoli v Commission (Rec 1984,P 1649) (Judgment): ECJ 28 Mar 1984, Abrias v Commission (Rec 1985,P 1995) (Judgment): ECJ 3 Jul 1985, Alfer v Commission (Rec 1984,P 799) (Judgment): ECJ 14 Feb 1984, Iro v Commission (Rec 1984,P 1409) (Judgment): ECJ 15 Mar 1984, Alvarez v Parliament (Rec 1984,P 1847) (Judgment): ECJ 5 Apr 1984, Favre v Commission (Rec 1984,P 2269) (Judgment): ECJ 30 May 1984, Michael v Commission (Rec 1983,P 4023) (Judgment): ECJ 1 Dec 1983, Cohen v Commission (Rec 1983,P 3829) (Judgment): ECJ 24 Nov 1983, Albertini and Others v Commission (Rec 1984,P 2123) (Judgment): ECJ 17 May 1984, Aschermann v Commission (Rec 1984,P 2253) (Judgment): ECJ 30 May 1984, Commission v Germany (Rec 1984,P 777) (Judgment): ECJ 14 Feb 1984, Commission v Belgium (Rec 1984,P 1861) (Judgment): ECJ 10 Apr 1984, Commission v Italy (Rec 1983,P 3689) (Judgment): ECJ 15 Nov 1983, Leeuwarder Papierwarenfabriek Bv v Commission (Order): ECJ 26 Nov 1985, Boel v Commission (Rec 1983,P 2041) (Judgment): ECJ 22 Jun 1983, Kohler v Court Of Auditors (Rec 1984,P 641) (Judgment): ECJ 9 Feb 1984, Commission v Belgium (Rec 1984,P 1543) (Judgment): ECJ 20 Mar 1984, Steinfort v Commission (Rec 1983,P 3141) (Judgment): ECJ 20 Oct 1983, De Compte v Parliament (Rec 1982,P 4001) (Order): ECJ 22 Nov 1982, Trefois v Court Of Justice (Rec 1983,P 3751) (Judgment): ECJ 17 Nov 1983, Graziana Luisi and Giuseppe Carbone v Ministero del Tesoro: ECJ 31 Jan 1984, Busseni v Commission (Rec 1984,P 557) (Judgment): ECJ 9 Feb 1984, Schoellershammer v Commission (Rec 1983,P 4219) (Judgment): ECJ 15 Dec 1983, Unifrex v Council and Commission (Rec 1984,P 1969) (Judgment): ECJ 12 Apr 1984, Commission v Italy (Rec 1983,P 3075) (Judgment): ECJ 11 Oct 1983, Estel v Commission (Rec 1984,P 1195) (Judgment): ECJ 29 Feb 1984, Developpement Sa and Clemessy v Commission (Rec 1986,P 1907) (Sv86-637 Fi86-637) (Judgment): ECJ 24 Jun 1986, Turner v Commission (Rec 1984,P 1) (Judgment): ECJ 12 Jan 1984, Usinor v Commission (Rec 1983,P 3105) (Judgment): ECJ 19 Oct 1983, Timex v Council and Commission: ECJ 20 Mar 1985, Klockner-Werke v Commission (Rec 1983,P 4143) (Judgment): ECJ 14 Dec 1983, Nso v Commission (Rec 1985,P 3801) (Judgment): ECJ 10 Dec 1985, Allied Corporation and Others v Commission (Rec 1984,P 1005) (Sv84-519 Fi84-519) (Judgment): ECJ 21 Feb 1984, Brautigam v Council (Rec 1985,P 2401) (Judgment): ECJ 11 Jul 1985, Ferriere San Carlo v Commission: ECJ 30 Nov 1983, Ferriere Di Roe Volciano v Commission: ECJ 15 Mar 1983, K v Germany and Parliament (Rec 1982,P 3637) (Order): ECJ 21 Oct 1982, Spijker v Commission (Rec 1983,P 2559) (Judgment): ECJ 14 Jul 1983, Johanning v Commission (Rec 1983,P 2253) (Judgment): ECJ 6 Jul 1983, Ford Ag v Commission (Rec 1982,P 2849) (Order): ECJ 6 Sep 1982, Ford v Commission (Rec 1984,P 1129) (Judgment): ECJ 28 Feb 1984, Verzyck v Commission (Rec 1983,P 1991) (Judgment): ECJ 9 Jun 1983.

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