||All England Reporter
|| All ER (D) 271 (Jan)
||Technology and Construction Court
Judge Anthony Thornton QC
||Richard Booth (instructed by Hill Dickinson) for J.
||Paul Staddon (instructed by Kingsley Smith & Co, Chatham) for BJW.
||30 January 2002
Fire - Accidental fire - Vicarious liability - Independent contractor negligently carrying out works to fireplace - Fire spreading from domestic fireplace to damage adjoining property - Whether defendant having defence - Whether defendant vicariously liable for contractor - (Metropolis) Act 1774.
On its true construction, the reference to 'any fire shall accidentally begin' in s86 of the Fire Prevention (Metropolis) Act 1774 was a reference to fire damage on an adjoining occupier's land that had been caused by an escape of fire from the occupier of the land from which the fire had escaped and 'accidentally' meant anything that was not deliberate or negligent.
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