Source: All England Reporter
Publisher Citation: [2012] All ER (D) 44 (Oct)
Neutral Citation: [2012] EWCA Civ 1248
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Ward, Lord Justice Etherton and Lord Justice Lewison

Representation 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.
Judgment Dates: 4 October 2012

Catchwords

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.

The Case

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.

Practice Areas

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