Berrymans Lace Mawer, a legal services provider for the insurance sector, has successfully defeated an appeal by Transco against a Court of Appeal judgement, upholding the rule of strict liability established in Rylands v Fletcher
Berrymans Lace Mawer (BLM) has successfully defeated an appeal by Transco against a Court of Appeal judgement, upholding the rule of strict liability established in Rylands v Fletcher.
This means a landowner will only be liable where they accumulate dangerous things on their land and where those things escape from his land causing third party property damage.
In the BLM case, Stockport Metropolitan Borough Council was the owner of a block of flats. Water escaped from a three-inch diameter service pipe serving the block of flats.
This escaped water caused a landslide which exposed and left unsupported a high-pressure gas main owned by British Gas.
British Gas brought the claim, alleging that the service pipe constituted a non-natural use of its land. The court of Appeal concluded that the council's service pipe was an ordinary use of land within the principles of Rylands v Fletcher so Stockport MBC was not liable for the damage caused.
The House of Lords unanimously rejected Transco's appeal against the Court of Appeal Ruling, upholding the rule established in Rylands v Fletcher.
