Cambridge Water Co Ltd v Eastern Counties Leather plc [1993] UKHL 12 – Law Journals

Nuisance: Neighbourhood watch

David Schmitz considers how the principles in Coventry v Lawrence on nuisance and the character of the area might best be applied ‘The confusion in this case is also the result of Lord Neuberger’s unelaborated suggestion that an iterative process be used.’ Among the many questions tackled by the Supreme Court in Coventry v Lawrence …

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Nuisance: Neighbourhood watch

David Schmitz considers how to approach nuisance cases where the character of an area has changed ‘It must be remembered that the principal question, nuisance or no nuisance, will not be determined solely by whether the activity in question is in keeping with the character of the locality or not.’ In Coventry v Lawrence [2014], …

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Flooding: Opening the flood gates

Andrew Williams assesses the law where property is damaged as a result of something on neighbouring land ‘Even where strict liability can be established according to the principles of Rylands v Fletcher, the rules of remoteness of damage are the same as in private nuisance generally. Accordingly there can be no liability for an unforeseeable …

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Construction Focus

John Starr provides an overview of two recent construction cases ‘Northumbrian Water sought to recover its loss in nuisance and negligence. It alleged that McAlpine had failed to take reasonable care to identify the existence of underground services formerly present at the site.’ Some concrete reassurance for contractors The Court of Appeal recently heard an …

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Insurance Obligations: There is no smoke without fire

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Mamoon Chaudhary looks at different causes of action for liability in fire-related cases and what can be done to cover the risk Where it can be shown the outbreak of the fire was accidental, failure to stop the fire from ensuing is regarded as a second fire to be governed by negligence principles. Commercial property …

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Nuisance: Locality is key

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Helena Davies considers the law of private nuisance, focusing on a few key concepts that have been assessed in detail in recent Court of Appeal decisions ‘It is not the way a defendant has undertaken his activity that is being tested for reasonableness, but rather the user of the land itself.’ The central concept discussed …

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