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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll