||All England Reporter
|| All ER (D) 44 (Oct)
|| EWCA Civ 1248
||Court of Appeal, Civil Division
Lord Justice Ward, Lord Justice Etherton and Lord Justice Lewison
||Jonathan Waite QC and Michele de Gregorio (instructed by DAC Beachcroft LLP) for the claimant.
||Philip Rainey QC and Nicholas Isaac (instructed by Beaumonts Solicitors) for the defendant.
||4 October 2012
Nuisance - Escape in consequence of non-natural use of land - Escape from premises - Defendant tyre-fitting business storing around 3,000 tyres on premises - Fire starting on defendant's premises and escaping onto claimant's premises - Fire causing considerable damages - Claimant commencing proceedings - Recorder finding all elements of Rylands v Fletcher tort satisfied and finding for claimant - Defendant appealing - Whether recorder erring in application of test for strict liability under Rylands v Fletcher as applied to fire cases.
Nuisance Escape in consequence of non-natural use of land. The Court of Appeal, Civil Division, considered a case in which a fire had begun on the defendant's premises, where a large number of vehicle tyres were kept, and escaped onto the claimant's premises, causing severe damage. In allowing the defendant's appeal against a finding of the Recorder, the court held that Rylands v Fletcher liability had not been established and hence no negligence had been proved.
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