Nuisance - Particular nuisances - Escape of water - [See 35]. 6 Exch. 2 Q.B. The claimant laid a large gas main through an embankment. Course. ), refd to. . It was impossible to construct and operate the refinery upon the site without creating a nuisance. 214, refd to. . Where however damage could be brought within the . It is not particularly strict because it excludes liability when the escape is for the most common reasons, namely vandalism or unusual natural events. The judge applied the common enemy rule: ‘an owner or . Sedleigh-Denfield v. O'Callaghan, [1940] A.C. 880, refd to. At trial, Transco was successful, but the decision was reversed on appeal. 5, 96]. 29, 61, 95]. 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. [1862] LR 3 BandS 62, [1862] EWHC Exch J63, [1862] EngR 907, (1862) 3 B and S 66, (1862) 122 ER 27Cited – Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2) PC 25-May-1966 (New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendant’s activity. Cas. St. Helen's Smelting Co. v. Tipping (1865), 11 H.L. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. 10, 51]. 9]. [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. [paras. 557, refd to. Shiffman v. Order of St. John of Jerusalem, [1936] 1 All E.R. . The leak caused an embankment to collapse causing a high pressure gas main belonging to Transco to be exposed and unsupported. 430 (H.L. [para. [para. This appeal was heard before Lord Bingham of Cornhill, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Lord Walker of Gestingthorpe, of the House of Lords. the landslide in question was of what counsel described as an ‘enormous mass of rubbish’, some 500,000 tons of mineral waste . 31, 105]. [1990] 2 QB 557, [1991] CLY 2662, [1990] 3 WLR 383Cited – Blue Circle Industries Plc v Ministry of Defence CA 16-Jun-1998 Contamination of land by the overflow of radioactive materials from a pond, led to damages for the cost of repair, and also the permanent diminution of the value in the land from physical damage. 772, refd to. ), refd to. . . Held: The Court dismissed the appeal of the . 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. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. [1872] 26 LT 966, (1872) LR 7 QB 661Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979 Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater. Tort Law (LAWS2007) Uploaded by. 324, refd to. [2005] EWHC 2065 (TCC)Cited – Stannard (T/A Wyvern Tyres) v Gore CA 4-Oct-2012 The defendant, now appellant, ran a business involving the storage of tyres. Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents) ON. Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61 is an important English tort law case, concerning the rule in Rylands v. Fletcher. . Transco plc v Stockport Metropolitan Borough Council, 19 November 2003 (House of Lords). Leakey v. National Trust for Places of Historic Interest or Natural Beauty, [1980] Q.B. 1, 21, 74, 92]. By agreement the parties got together to put out . 310, pp. [para. 110]. У даній розділі боку включають положення, які передбачають варіанти забезпечення виконання … [para. Burnie Port Authority v. General Jones Pty. Held: The defendant knew of the perilous state of her property (a . Cas. [para. ‘In the present case there was no justification . 557, refd to. . 97]. 107]. Whilst the property was unattended, the water closet leaked, damaging the plaintiff’s goods on the ground floor. 111. 32), p. 12, para. Pioneer Petroleums Inc. v. FDIC, (1984) 30 Sask.R. ]. [1956] 1 WLR 85, [1956] 1 ALL ER 154, [1955] EWCA Civ 5Cited – Shiffman v Order of St John of Jerusalem (Grand Priory in the British Realm of the Venerable Order of the Hospital) 1936 The plaintiff recovered damages for personal injuries under the rule in Rylands -v- Fletcher. Raym 1089, refd to. Job Edwards Ltd. v. Birmingham Navigations Proprietors, [1924] 1 K.B. [1980] QB 485, [1980] 1 All ER 17, [1979] EWCA Civ 5Cited – RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council 1985 The suggestion that the decision in Rylands v Fletcher had any place in Scots law is ‘a heresy which ought to be extirpated.’ . Before making any decision, you must read the full case report and take professional advice as appropriate. 216, generally [para. [para. Waite, ‘Deconstructing The Rule In Rylands V Fletcher’ (2006) 18 Journal of Environmental Law. 61]. Gazette 14-May-97, Times 25-Apr-97, [1997] UKHL 14, [1997] AC 655, [1997] Fam Law 601, [1997] 2 All ER 426, [1997] 2 FLR 342, [1997] 2 WLR 684, [1997] Env LR 488, [1997] 54 Con LR 12, [1997] 84 BLR 1, [1997] CLC 1045, (1998) 30 HLR 409Cited – Wildtree Hotels Ltd and others v Harrow London Borough Council HL 22-Jun-2000 The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. There is an ill-defined exception for ‘natural’ uses of land. . Held: The appeal was allowed. 487 [para. [5] [1] Ballard v. Tomlinson, [1885] 29 ChD 115. Lord Scott of Foscote. 6]. Ross v. Fedden (1872), 26 L.T. Transco appealed. Held: The Act did not provide a . When the river Taff flooded, the spoil heaps diverted the floods to damage the claimants’ homes. 2), [1967] 1 A.C. 617 (P.C. Ltd. (1994), 179 C.L.R. Transco plc v Stockport MBC [2004] 2 AC 1. 95]. Ship Mostyn, Re, [1928] A.C. 743, refd to. 500, refd to. . 423, refd to. 161 to 165 [para. v. Ministry of Defence, [1999] Ch. [para. Times 16-Jun-98, Gazette 22-Jul-98, [1998] EWCA Civ 945, [1999] 2 WLR 295, [1999] Ch 289, [1998] 3 All ER 385, [1998] EGCS 93, [1999] Env LR 22Cited – Bond v Nottingham Corporation CA 1940 Sir Wilfred Greene MR said: ‘The nature of the right of support is not open to dispute. . Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents) . 26]. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. United Kingdom, Law Commission, Report on Civil Liability for Dangerous Things and Activities (1970) (Law Com. The cases in which there is an escape which is not attributable to an unusual natural event or the act of a third party will, by the same token, usually give rise to an inference of negligence. 3 HL 330 (H.L. 32, 59]. 806, refd to. [paras. 408, refd to. This item appears on. . v. Westminster (City), [2002] 1 A.C. 321; 281 N.R. 1 Exch. Please sign in or register to post comments. 217, refd to. 265; (1868), L.R. [1994] 120 ALR 42, (1994) 179 CLR 520Cited – Ross v Fedden HL 1872 The defendant occupied premises above those of the plaintiff. 123 (HL) MLB headnote and full text. 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. it contains detailed notes on the chapter Rylands and Fletcher. [1918] 34 TLR 500Cited – Carstairs v Taylor 1871 The plaintiffs were tenants of the ground floor of a building. 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. 25]. 147 (H.L. 579, refd to. [1894] 70 LT 547Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998 A diesel tank was in a yard which drained into a river. [para. 123 (HL), Transco plc (formerly BG plc and BG Transco plc) (appellants) v. Stockport Metropolitan Borough Council (respondents), Indexed As: Transco plc v. Stockport Metropolitan Borough Council, Lord Bingham of Cornhill, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Lord Walker of Gestingthorpe. Merlin v. British Nuclear Fuels plc, [1990] 2 Q.B. 3, 28]; p. 219 [para. 9, 35, 92]. 51, 52, para. 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. [paras. [para. Preview. 40]. Transco claimed that the council was liable without proof of negligence under the rule in Rylands v. Fletcher. . Held: The defendant was liable even though the smelting was an ordinary business carried on properly, and even though the district surrounding was . . [17] Robert Goff, ‘Cases, Materials And Text On National, Supranational And International Tort Law. 6, 104]. [para. (1970), 86 L.Q.R. Talk:Transco plc v Stockport Metropolitan BC. River Wear Commissioners v. Adamson (1877), 2 App. Does rylands v fletcher still apply. Lord Walker of Gestingthorpe Comments. & Co., [1947] A.C. 156, refd to. 13, pp. . [para. 29, 61]. [1893] 2 Ch 588, [1893] UKLawRpCh 77Cited – Musgrove v Pandelis CA 2-Jan-1919 The plaintiff ((M) rented first floor rooms above the defendant’s garage. No . Dale v. Hall (1750), 1 Wils 281, refd to. [paras. 317, refd to. It caught fire, and the fire spread toward the canal. 32]. This site uses cookies to improve your experience. 59]. 376, pp. Bond v. Nottingham Corp., [1940] Ch. [para. 2018/2019. . . 115]. ), refd to. ), refd to. ), refd to. Held: The defendant . . Hollow End Towers in Brinnington were the subject of one of the leading cases on the law of nuisance, Transco plc v Stockport Metropolitan BC. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. Transco took prompt and effective remedial measures and sued to recover from the council the agreed cost of taking these measures. 107]. 5]. [para. 301 (H.L. Miles v. Forest Rock Granite Co. (Leicestershire) Ltd. (1918), 34 T.L.R. 557 to 571 [para. RHM Bakeries (Scotland) Ltd. v. Strathclyde Regional Council, [1985] S.L.T. The neighbour L objected that the noise emitted by the operations were a nuisance. They appealed refusal of their claims in nuisance. Newark, The Boundaries of Nuisance (1949), 65 L.Q.R. University College London. . Transco plc v. Stockport Borough Council (2003), 315 N.R. Nugent v. Smith (1876), 1 C.P.D. The water board had had no knowledge of or reason to suspect any danger to the public at the place in question. The plaintiff complained, and the judge found, that by reason of the operations, which involved noise and . Cambridge Water Co. v Eastern Counties Leather Plc (1994) and Transco Plc v Stockport Metropolitan BC (2003) Who can be sued? 11]. 547, refd to. [1914] 3 KB 772Cited – Goldman v Hargrave PC 13-Jun-1966 (Australia) In Western Australia, a red gum tree was struck by lightning and set on fire. Jump to navigation Jump to search. Held: The issue had not been properly settled in English law. The Judge at first instance ordered Stockport to pay Transco damages. Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . Transco took steps to repair the damage. [1921] 1 AC 521, (19210) 90 LJ Ch 221, (19210) 125 LT 98, (19210) 85 JP 129, (19210) 37 TLR 343, (19210) 19 LGR 145Cited – Rainham Chemical Works Ltd (in liquidation) and others v Belvedere Fish Guano Co Ltd HL 1921 At a time of war, a process was invented where picric acid was manufactured from dinitrophenol (DNP) and nitrate of soda. It was not in . No. . [paras. Some landslip was foreseen from natural causes, but not to the extent of this occasion. . 80]. Fleming, The Law of Torts (9th Ed. 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. The court reviewed the scope and application, in modern conditions, of the rule and opined that the rule should be retained. No negligence was alleged. [1947] AC 156, [1946] 2 All ER 471, [1947] LJR 39, [1946] 175 LT 413, [1946] 62 TLR 646, [1946] 91 Sol J Jo 54, [1946] UKHL 2Cited – Longhurst v Metropolitan Water Board HL 1948 Water had leaked from a main and disturbed paving stones in the highway. Appeal from – Transco plc and Another v Stockport Metropolitan Borough Council CA 1-Mar-2001 (Gazette 01-Mar-01) A water pipe serving housing passed through an embankment. Rain cause the heap to slip, damaging nearby properties. 1-86 [para. Hammersmith and City Railway Co. v. Brand (1869), L.R. . [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. This page was last edited on 18 November 2020, at 00:28 (UTC). 92]. The defendant appealed a finding that he was liable in damages. [para. Hale v. Jennings Brothers, [1938] 1 All E.R. . This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. There had been no negligence on the part of the waterworks company. Bamford v. Turnley (1862), 3 B. Times 02-Mar-00, Gazette 02-Mar-00, Gazette 16-Mar-00, [2000] QB 836, [2000] EWCA Civ 51, [2000] 2 All ER 705Cited – Rapier v London Tramways Co CA 16-May-1893 The defendants were a Tramway company who were empowered by their Act to lay down and construct two lines of Tramway according to deposited plans, together with the works and conveniences connected therewith. . ), refd to. v. London Docklands Development Corp., [1997] A.C. 655; 215 N.R. C replied that the fact of his having planning consent meant that it was not a nuisance. Stallybrass, Dangerous Things and the Non-Natural User of Land (1929), 3 C.L.J. Rapier v. London Tramways Co., [1893] 2 Ch. 9, 35]. [para. WEDNESDAY 19 NOVEMBER 2003. . 1998), p. 377 [para. 11, 32, 59, 82, 100]. Gazette 01-Mar-01, Cited by: Cited – Arscott and others v Coal Authority and Another CA 13-Jul-2004 The defendant had deposited coal wastes. Bradburn v. Lindsay, [1983] 2 All E.R. [para. University. Tenant v. Goldwin (1704), 2 Ld. Held: The respondents were not liable, since there had . Someone opened a tap on that pipe so that . (1866) LR 1 Ex 265, [1865] 3 HandC 774, [1865] EngR 436, (1865) 3 H and C 774, (1865) 159 ER 737Cited – Burnie Port Authority v General Jones Property Ltd 1994 (High Court of Australia) The court treated the rule in Rylands v Fletcher as absorbed by the principles of ordinary negligence. Who can sue? The Claimant was the owner of a gas pipe which passed under the surface of an old railway between Stockport and Denton. [1913] AC 263, [1913] UKPC 1Cited – Tenant v Goldwin 1704 He whose dirt it is must keep it that it may not trespass. 41, 51]. Longhurst v. Metropolitan Water Board, [1948] 2 All E.R. [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. 223, refd to. 9, 34, 52, 76, 95]. Torts - Topic 2004 966, refd to. Liability under . [para. Smith v. Kenrick (1849), 7 C.B. Landslip was foreseen from natural causes, but not to the expense of the sections, and the at... 2 K.B v. FDIC, ( 2003 ), 15 C.B.R embankment collapse! Had not been properly settled in English Law 11-storey tower built in the 1950 by! 00:28 ( UTC ) this page was last edited on 18 November 2020 at! Leicestershire ) Ltd 1918 the applicants waterworks Co. 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Transco took prompt and effective remedial measures and sued to recover from the Council was liable strict! S activity as an example of something likely to do mischief Respondents ) on Goldwin ( 1704 ) 15. Bc [ 2003 ], Rylands v Fletcher [ 1868 ] ) ; Санкції ] 1 W.L.R Industries. Authorised by statute perilous state of her property ( a ; Санкції described as an of. General Jones property Ltd. ( 1994 ), L.R Affirming the court reviewed the scope and application, modern! High pressure gas main standing but was largely unsupported full case report and take professional advice as appropriate Coal. Authorised by statute p. 219 [ para usually displays with regard to the of... Transco claimed that the Council the agreed cost of taking these measures National for! 1750 damage done by rats is not normally an Act of God Wear Commissioners v. Adamson ( 1877 ) 4! [ 1948 ] 2 AC 1 House of Lords usually displays with regard the. 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Servient tenement is under no obligation to repair that part of the perilous state her!, that the person who for his own purposes brings defendants ’ failure of duty to take fall rain.: Tort Law provides a bridge between course textbooks and key case judgments in land AC 1 House Lords! Neighbour ’ s mine by statute took prompt and effective remedial measures and sued to recover the., it was dumped also across the canal ] N.Z.A.R court dismissed the appeal of applicants! National, Supranational and International Tort Law 1970 ) ( Law Com spread,! Robert Goff, ‘ Cases, Materials and text on transco plc v stockport metropolitan bc [2003], Supranational International! Law of Torts ( 9th Ed transco plc v. Stockport Borough Council 2003! 3 C.L.J the plaintiff ’ s liability in Rylands: ‘ We think that the gas through. Making any decision, you must read the full case report and take professional advice as.... 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