Rylands v Fletcher [1868] UKHL 1 – Law Journals

Infrastructure Act 2015: Free to frack?

Paul Stafford examines the consequences of the Act for landowners, including the significant loss of common law rights ‘If the landowner must spend money taking steps to prevent loss or damage to another, they will not be liable if that loss or damage occurs and they have not taken those steps.’The Infrastructure Act 2015 (the …

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Non-Delegable Duties: Where next after Woodland?

Philip Turton assesses the effects of the recent clarifications in non-delegable duty case law ‘In the time since Woodland, lawyers have already started looking to other classes of vulnerable persons who might also be protected by such a duty.’ Liability which is imposed without fault is at odds with most cases encountered day to day …

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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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Privilege: Secret fights

In the second of two articles, Davinia Brennan explores a recent decision from the Irish High Court on litigation privilege ‘This is an important decision, which clarifies that the protection afforded to documents by litigation privilege will not extend beyond the particular legal proceedings for which they were prepared, or closely related actions.’ Part 1: …

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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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