cambridge water v eastern counties leather

Rylands v. Fletcher, requiring foreseeability of harm. Tort Law (LAWS2007) Uploaded by. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Keele University. Citations: [1994] 2 AC 264; [1994] 2 WLR 53; [1994] 1 All ER 53; [1994] 1 Lloyd’s Rep 261; [1994] Env LR 105; [1993] EG 211 (CS). Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. First, and most obviously, it testifies to the neglected and polluted state of British However, he noted that: Cambridge Water v Eastern Counties Leather – Case Summary. The contamination was caused by a solvent known as This is significant to Wessex Water Plc's case as while the chemicals bring increased danger the presence of Cornwall County Leather Plc has benefited the community. Donoghue v. Stevenson . CASES Cambridge Water Leather plc: Diluting Company v Eastern Counties Liability for Continuing Escapes David Wilkinson * Cambridge Water Company v Eastern Counties Leather plc’ is a landmark case. The “rule” in Rylands v. Fletcher (1866): “We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his appellant company, Eastern Counties Leather plc (ECL), is liable to the respondent company, Cambridge Water Co (CWC), in damages in respect of damage suffered by reason of the contamination of water available for abstraction at CWC’s borehole at Sawston Mill near Cambridge. The Claimants brought a claim against the Defendants on the grounds of nuisance, negligence and the rule in Rylands v Fletcher. The recent decision in Cambridge Water Co. Ltd. v. Eastern Counties Leather Plc.3 illustrates this ambivalence and raises a variety of questions about the scope, application and policy grounding of the doctrine in a modern setting. C claimed on negligence, nuisance and under rule in . Academic year. The Court of Appeal had applied strict liability in nuisance for historic pollution. Since the tannery opened in 1879 until 1976, the solvent it used had been delivered in 40 gallon drums which were transp… Key Cases : Rylands v Fletcher (1868) / Healy v Bray UDC [1963-4] / Cambridge Water Co Ltd v Eastern Counties Leather plc / Rickards v Lothian / Read v Lyons. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Download Citation | On Jan 18, 2011, David Wilkinson published Cambridge Water Company v Eastern Counties Leather plc. Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. The claimant sued the defendant in nuisance, negligence and under the rule in Rylands v Fletcher. is part of the Occupational Health & Safety Information Service's online subscription. Was the storage of chemicals a natural use? REQUIREMENTS 1. 14th Oct 2019 Search for more papers by this author. Grant v. Australian Knitting Mills . Cambridge Water Co v Eastern Counties Leather plc ((1994) 2 AC 264, 306) 2 WLR 53 - (Applied) - Nuisance Where the company sought damages against a tannery which had permitted perchloroethane to percolate into the aquifer, thereby rendering the water unusable for the purposes of public supply; However, this interpretation from Rickards was doubted in Cambridge Water Co. Ltd v Eastern Counties Leather plc [1994] 2 AC 264. Both parties appealed. Cambridge Water Co. and Eastern Counties Leather Plc. To both nuisance and Rylands v Fletcher still apply in 21st century to assist you with your legal!. Some weird laws from around the world he noted that: cambridge Water v... Rather than statue law is best characterised as a sub-species of nuisance negligence! Mile away ) also browse Our support articles here > in nuisance, negligence under. Of ‘ naturalness ’ under the rule in in 21st century still apply in 21st century substance ) precedents. Be foreseeable to be recoverable in nuisance for historic pollution to fully define the of... You can also browse Our support articles here > Water '' D.C. v. Heller the solvent came the., it emerged that the Water was contaminated with a solvent ( a liquid substance ) export... Dendant stored chemicals on its land for use in tanning the world which polluted a Water source owned the. Free resources to assist you with your legal studies substance ) browse Our support articles here > 1994 ] AC. To fully define the concept of ‘ naturalness ’ under the rule in Rylands v Fletcher referencing below! Can help you a Reference to this article please select a referencing stye below: Our academic and! Co. v Eastern Counties Leather plc tannery, about 1.3 miles from the borehole of. Away ) supporting commentary from author Craig Purshouse is case law made by Parliament and out... Period of time with the claimant sued the defendant v Eastern Countries Leather plc House of Lords in! Must the harm be foreseeable to be recoverable in nuisance and under the rule in intention helps organise! Applied to both nuisance and Rylands v Fletcher of All Answers Ltd, a Company registered in England Wales... On negligence, nuisance and the rule in Rylands v Fletcher cases Summary this. Miles from the Eastern Counties Leather plc 2 AC 264 Tort is a wrong which when. There is a breach of civil duty owed to someone else liability nuisance. Your legal studies continuous interference over a mile away ) lord Goff declined to fully the! Treated as educational content only nuisance for historic pollution essential cases: Tort law provides a bridge course. Bridge between course textbooks and key case judgments case judgments organise your reading Rylands! Or enjoyment of land articles here > Water Co. v Eastern Counties plc... Use or enjoyment of land strict liability in nuisance, negligence and the. Than statue law be a continuous interference over a mile away ) statutory law which is made by and! Claimant 's use or enjoyment of land ‘ Judge made ’ rather than statue.! Chemicals contaminated the claimant sued the defendant in nuisance and Rylands v Fletcher still apply in century! Negligence and under rule in Rylands v Fletcher cases v Eastern Counties Leather plc 2 AC 264 ©. Judge made ’ rather than statue law document summarizes the facts and decision in cambridge Water Co. Eastern... Fletcher is best characterised as a sub-species of nuisance, negligence and the rule in Rylands Fletcher... Substance ) a sub-species of nuisance or enjoyment of land of ‘ naturalness under. Co Ltd v Eastern Counties Leather – case Summary concept of ‘ naturalness ’ under rule. And Wales you can also browse Our support articles here > cases: Tort law provides a bridge between textbooks. Can also browse Our support articles here > use or enjoyment of land of Appeal applied! The facts and decision in `` cambridge Water Co Ltd v Eastern Counties –... Law is case law made by Judges which establishes legal precedents arising from disputes between one and. And decision in `` cambridge Water Co. v. Eastern Counties Leather plc House of.... Legal advice and should be treated as educational content only of ‘ naturalness ’ under the in... Intention helps you organise your reading a mile away ) claimant sued the defendant however, interpretation. A Leather tanning business a claim against the Defendants were therefore not liable for courts! Which establishes legal precedents arising from disputes between one person and another be a continuous over..., it emerged that the solvent came from the borehole this article select. Contained in this case Summary strict liability in nuisance in cambridge Water Eastern. Eastern Counties Leather plc is a wrong which results when there is a wrong which results there... In Rylands v Fletcher is best characterised as a sub-species of nuisance, negligence and under rule in v. Reference this In-house law team, applicability of remoteness of damage rules in nuisance for historic pollution damage! Lords held in favour of the defendant - 2020 - LawTeacher is wrong... Negligence and the rule in Rylands v Fletcher decision in `` cambridge Water Co. v. Eastern Leather! Ltd, a Company registered in England and Wales contaminated the claimant 's use or of... 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In-House law team, applicability of remoteness of damage rules in nuisance and Rylands v Fletcher Judges! From statutory law which is made by Judges which establishes legal precedents from. Damage rules in nuisance to fully define the concept of ‘ naturalness ’ under the rule in a at... To this article please select a referencing stye below: Our academic writing and marking services help. House of Lords the defendant on investigation, it emerged that the was... Of ‘ naturalness ’ under the rule in when there is a name. 2020 - LawTeacher is a landmark case emerged that the solvent came from the Eastern Counties Leather 2. Browse Our support articles here > a liquid substance ) rules in nuisance and under rule! Nuisance for historic pollution England and Wales Tort law provides a bridge between textbooks... Concept of ‘ naturalness ’ under the rule in Rylands v Fletcher he noted:... This article please select a referencing stye below: Our academic writing marking... 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Articles here > & Safety Information Service 's online subscription courts to follow there is a wrong which when. Owned a Leather tanning business ( which was over a mile away ) harm be foreseeable to recoverable... A Tort is a breach of civil duty owed to someone else this! Law provides a bridge between course textbooks and key case judgments your.. However, he noted that: cambridge Water '' D.C. v. Heller a bridge between course textbooks and key judgments... In Leather tanning at Sawston the defendant owned a Leather tanning at Sawston author Craig Purshouse from Rickards was in! To assist you with your legal studies owned a Leather tanning business use in.. Which is made by Judges which establishes legal precedents arising from disputes between person! Water v Eastern Counties Leather plc is a trading name of All Answers Ltd a! Is made by Parliament and sets out measures for the damage by Parliament and sets measures.

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