header-logo header-logo

12 October 2012
Issue: 7533 / Categories: Case law , Law digest , In Court
printer mail-detail

Nuisance

Stannard (t/a Wyvern Tyres) v Gore [2012] EWCA Civ 1248, [2012] All ER (D) 44 (Oct)

The case law suggested that, in an appropriate case, damage caused by fire emanating from an adjoining property could fall within the Rylands v Fletcher rule. The appropriate case, however, was likely to be very rare, because (i) it was the “thing” that had been brought onto the land which had to escape, not the fire which was started or increased by the “thing”; (ii) while the fire might be a dangerous thing, the occasions when fire as such was deliberately brought onto the land might be limited to cases where the fire had been deliberately or negligently started by the occupier or one for whom he was responsible; and (iii) in any event, starting a fire on one’s land might be an ordinary use of the land.

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll