header-logo header-logo

01 February 2013 / Jonathan Fowles
Issue: 7546 / Categories: Features , Property
printer mail-detail

Fire escape

117146091_2

Jonathan Fowles reviews the latest attempt to wrestle with strict liability for fire damage

In Stannard (t/a Wyvern tyres) v Gore [2012] EWCA Civ 1248 the Court of Appeal has had to consider the liability of an occupier for fire which starts on his land without fault and spreads to the land of another. For any lawyer with a decent memory of his law of tort, this will immediately bring to mind the rule in Rylands v Fletcher. He may also remember that the rule has been limited almost to the point of extinction by successive decisions of the UK’s highest court (see most recently Transco plc v Stockport MBC [2004] 2 AC 1).

Rylands v Fletcher

As originally formulated by Blackburn J in the Court of Exchequer Chamber ((1866) LR 1 Ex 265 at 279), the rule in Rylands v Fletcher was that: “The person who for his own purposes brings onto his own lands and collects and keeps there anything likely to do mischief if it escapes, must keep

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll