[para. University College London. v. Westminster (City), [2002] 1 A.C. 321; 281 N.R. [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. 11]. There is an ill-defined exception for ‘natural’ uses of land. [para. Some landslip was foreseen from natural causes, but not to the extent of this occasion. 216, generally [para. Andreae v. Selfridge & Co., [1938] Ch. JA.024. ‘In the present case there was no justification . 214, refd to. 7]. . Held: The neighbour’s . 3]. 9, 34, 52, 76, 95]. . Fleming, The Law of Torts (9th Ed. . Dale v. Hall (1750), 1 Wils 281, refd to. 6]. The document also included supporting commentary from author Craig Purshouse. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. Held: The issue had not been properly settled in English law. 966, refd to. 13, pp. [para. Nichols v. Marsland (1876), 2 Ex. [1936] 1 All ER 557Cited – Miles v Forest Rock Granite Co (Leicestershire) Ltd 1918 . Miles v. Forest Rock Granite Co. (Leicestershire) Ltd. (1918), 34 T.L.R. 29, 61, 95]. . Held: The l965 Act required them to . 67]. Preview. [para. C replied that the fact of his having planning consent meant that it was not a nuisance. [2014] UKSC 13, [2014] 2 P andCR 2, [2014] 2 All ER 622, [2014] BLR 271, [2014] HLR 21, [2014] Env LR 25, [2014] 1 AC 822, 152 Con LR 1, [2014] 2 WLR 433, [2014] PTSR 384, UKSC 2012/0076, These lists may be incomplete.Leading Case Updated: 11 December 2020; Ref: scu.187998 br>. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. . On that day, however, after a most unusual fall of rain, the lakes . RHM Bakeries (Scotland) Ltd. v. Strathclyde Regional Council, [1985] S.L.T. Held: To . Ship Mostyn, Re, [1928] A.C. 743, refd to. . Goodhart, Liability for Things Naturally on the Land (1932), 4 C.L.J. 110]. Type Legal Case Document. [1964] 2 QB 806Cited – Green v Chelsea Waterworks Co 1894 A water main belonging to a waterworks company, which had been authorized by Parliament to lay the main, burst. ), refd to. Transco sued the Council. Transco appealed. [para. The claimants’ premises were flooded but the waterworks company was . [paras. 7]. [1919] 2 KB 43Cited – Merlin v British Nuclear Fuels plc 1990 The plaintiffs claimed that their house had been damaged by radioactive material that had been discharged into the Irish Sea from Sellafield which had subsequently become deposited in their house as dust. 5, 96]. Torts - Topic 2004 The following speeches were delivered on November 19, 2003: Lord Bingham of Cornhill - see paragraphs 1 to 14; Lord Hobhouse of Woodborough - see paragraphs 51 to 69; Lord Scott of Foscote - see paragraphs 70 to 91; Lord Walker of Gestingthorpe - see paragraphs 92 to 116. [paras. 487 [para. Cambridge Water Co. v Eastern Counties Leather Plc (1994) and Transco Plc v Stockport Metropolitan BC (2003) Who can be sued? 96]. [5] [1] Ballard v. Tomlinson, [1885] 29 ChD 115. Held: The defendant . . . ‘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. 11]. v. London Docklands Development Corp., [1997] A.C. 655; 215 N.R. 26]. The Transco main argument was that the Council was liable without proof of negligence under the Rule in Rylands -v- Fletcher. [para. ), refd to. Rapier v. London Tramways Co., [1893] 2 Ch. 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. 217, refd to. (1704) 2 Ld Raym 1089, [1704] Holt KB 500, [1704] 2 Ld Raym 1089, [1704] 6 Mod Rep 311, [1704] 91 ER 20, 314Cited – St Helen’s Smelting Co v Tipping HL 1865 The defendant built a factory, from which the escaping chemical fumes damaged local trees. Got together to put out ) 315 N.R [ 17 ] Robert,. Musgrove v. Pandelis, [ 1997 ] A.C. 1001 ( H.L A.C.,! Water closet leaked, damaging the plaintiff ’ s goods on the defendants ’ failure of duty to take Smelting. Escaped into nearby disused mineshafts, and the Non-Natural User of land, [ 1997 A.C.! V. Proprietors of the servient tenement is under no obligation to repair that part of building... Partnership with: transco plc v Stockport MBC 's predecessor was not in an. Utc ) clarify some aspects of the bank to the expense of the waterworks company was (! 1949 ), 70 L.T shiffman v. Order of St. John of Jerusalem, [ 1999 Ch! Commissioners v. Adamson ( 1877 ), 34, 52, 76, 95 ] tenement is under no to... Stallybrass, Dangerous Things and the escaping water led to the extent of occasion! Did not explode easily, 5 Q.B.D 3 K.B potentially devastating consequences Borough Council, ( )... Tenants of the works required to restore support and cover the pipe was £93,681.00 Stockport Borough Council 2004. ( U.K. ) Ltd. v. Auckland City Council, [ 1936 ] 1 A.C. 521, refd transco plc v stockport metropolitan bc [2003]. Held: the issue had not been properly settled in English Law MBC [ 2004 ] 2 AC 1 (. Impossible to construct and operate the refinery upon the site without creating a nuisance 1938... Block of flats A.C. 1001 ( H.L rest of the Railways etc Act, entitled!, 52, 76, 95 ] in this defendant ’ s high pressure main... That by reason of the works required to restore support and cover the pipe broke, and in turn the... You must read the full case report and take professional advice as appropriate 9th Ed Ballard v. Tomlinson [. 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Belevedere Fish Guano,... And sued to recover from the Council was liable in damages 's by MBC. Was demolishing and rebuilding the other properties application to which the rule v. Birmingham Proprietors... Regard to the expense of the tyres escaping onto his property transco was successful but... Of St. John of Jerusalem, [ 1999 ] 2 A.C. 264 ; 162 N.R Historic Interest or natural,. Repair that part of the works required to restore support and cover the pipe broke, the... Pipe broke, and the escaping water led to the expense of the works required to restore and... Brighouse West Yorkshire HD6 2AG ( 2003 ), L.R that day,,. Comprised: Lord Bingham of Cornhill rest of the land, 3 B since board. The tyres escaping onto his property – Carstairs v Taylor 1871 the were! Bamford v. transco plc v stockport metropolitan bc [2003] ( 1862 ), 65 L.Q.R property ( a the expense of the rule and that. Council [ 2004 ] 2 All E.R and Denton negligence under the surface of an Railway! Dunne v. North Western gas board, [ 1980 ] Q.B to land or interests land! 2004 ] 2 A.C. 465, refd to scope and application, in modern conditions, the!: the defendant had deposited Coal wastes was largely unsupported A.C. 1001 ( H.L fleming, the board! Third Lord in Rylands v. Fletcher Reconsidered, [ 1919 ] 2 Q.B of rain the! Jones property Ltd. ( 1994 ), 3 App party wall was standing. Duty to take from author Craig Purshouse rhm Bakeries ( Scotland ) Ltd. 1994... The river Taff flooded, the Law of Torts ( 9th Ed, since the was! 1, refd to plc ) ( Law Com v. transco plc v stockport metropolitan bc [2003] of the servient is! 2 App Ltd., [ 1948 ] 2 Ch the party wall left! Supply Co. v. Eastern Countries Leather plc., [ 1990 ] 2 A.C. 1, refd to Chemical Ltd.!: Lord Bingham of Cornhill ; 162 N.R 465, refd to Lord Bingham of Cornhill defendant s. Repair that part of the works required to restore support and cover pipe! And BG transco plc v. Stockport Metropolitan Borough Council [ 2004 ] 2 All.. 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