Module. B Cambridge Water Co v Eastern Counties Leather plc This was also the interpretation adopted by the House of Lords in Cambridge Water Co v Eastern Counties Leather plc,16 where Lord Goff relied on The Wagon Mound (No 2) to hold that liability in Rylands v Fletcher required foreseeability of the type of harm. Was the storage of chemicals a natural use? The document also included supporting commentary from author Craig Purshouse. Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. 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. Past Final Examinations Cambridge In Water Co. v. Eastern Counties Leather pic [1994] 2 A.C. 264, 300 Lord Goff argued tha t a plaintiff should not be able to recover for damage to property more easily than personal injury. Cambridge Water v Eastern Counties Leather plc 2 AC 264 House of Lords The defendant owned a leather tanning business. It was held further that the damage in this case was too remote as it was not possible for the Defendants to reasonably foresee a spillage which would eventually lead to contamination of a water borehole so far away. Strict Liability for Environmental Law: the Deficiencies of the Common Law: Cambridge Water Company v Eastern Counties Leather plc; Cambridge Water Company v Hatchings and Harding Ltd The trial judge dismissed the nuisance and negligence actions on the basis that the harm was not foreseeable and so the loss was too remote. VAT Registration No: 842417633. University. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. The Defendants were engaged in leather tanning at Sawston. In-house law team, Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. Cambridge Water Co. and Eastern Counties Leather Plc. However, he noted that: Cambridge Water v Eastern Counties Leather – Case Summary. 2011/2012 Foreseeability of harm of the relevant type by the defendant is a prerequisite of the recovery of damages both in nuisance and under the rule in Rylands v Fletcher. D used and stored a chlorinated solvent at its tannery, situated just over a mile from P’s borehole where water was abstracted for domestic use. This case document summarizes the facts and decision in Cambridge Water Co v Eastern Counties Leather plc 2 AC 264. Company Registration No: 4964706. The defendant, Eastern Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Cambridge Water Company v Eastern Counties Leather plc is a landmark case. Excerpts from the H.L. During their work, as a result of the process of degreasing pelts, small quantities of a solvent known as Perchloroethene (PCE) was spilt on the floor of the building in which the Defendants carried out their activities. 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). View all articles and reports associated with Cambridge Water Co Ltd v Eastern Counties Leather plc [1993] UKHL 12 Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Setting a reading intention helps you organise your reading. Cambridge Water v. Eastern Counties Leather The Polluter′s Charter Cambridge Water v. Eastern Counties Leather The Polluter′s Charter Rosalind Lee 1994-09-01 00:00:00 Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). Free resources to assist you with your legal studies! 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 CONTINUOUS INTERFERENCE. In 1983 it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent. REQUIREMENTS 1. Search for more papers by this author. Rylands v. Fletcher, requiring foreseeability of harm. 14th Oct 2019 The borehole was used to extract and supply water to local residents and consequently this meant that the water available for extraction as contaminated and to such a degree that it could not be safely used by the Claimants. 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. Take a look at some weird laws from around the world! David Wilkinson. Cambridge Water v Eastern Counties Leather – Case Summary. Cambridge Water Co. v Eastern Countries Leather plc [1994] 2 AC 264. Cambridge Water case The House of Lords has now heard the appeal in the case of Cambridge Water Company v Eastern Counties Leather plc and reserved judgment. Reference this But I think that the point is now settled by two recent decisions of the House of Lords: Cambridge Water Co v Eastern Counties Leather plc [1994] AC 264, which decided that Rylands v Fletcher is a special form of nuisance and Hunter v Canary Wharf Ltd [1997] AC 655, which decided that nuisance is a … Donoghue v. Stevenson . Diluting Liability for Continuing Escapes David Wilkinson. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! The dendant stored chemicals on its land for use in tanning. Tort Law (LAWS2007) Uploaded by. Cambridge Water Co Ltd v Eastern Counties Leather Plc House of Lords. Must the harm be foreseeable to be recoverable in nuisance? Download Citation | On Jan 18, 2011, David Wilkinson published Cambridge Water Company v Eastern Counties Leather plc. The fact that there is a foreseeable and significant danger in the event of an escape is a strong indicator that it is non-natural; The fact that the activity is common in a particular locality or industry is not enough to make it natural. Do you have a 2:1 degree or higher? Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. v Fletcher. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. Does the Rule in Rylands v Fletcher still apply in 21st century. 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. Must the harm be foreseeable to be recoverable under the rule in. Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). In Cambridge Water Co. v. Eastern Counties Leather plc [1994] 2 A.C. 264, 300 Lord Goff argued that a plaintiff should not be able to recover for damage to property more easily than personal injury. The Court of Appeal had applied strict liability in nuisance for historic pollution. It was held that the necessity to prove foreseeability of the type of damage suffered and to deal with remoteness of damage more generally applies equally to cases based on negligence, nuisance and the rule in Rylands v Fletcher. Free Practical Law trial Foreseeability of harm is a prerequisite of the recovery of damages in private and also public nuisance: per Lord Goff, Cambridge Water v Eastern Counties Leather [1994] 1 All ER 53 at 71-2. 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). There must be a continuous interference over a period of time with the claimant's use or enjoyment of land. The contamination was caused by a solvent known as This made the water unsafe to drink. Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In doing so, he specifically rejected the American “ultra- Search for more papers by this author. The issue in the case was whether the rules for remoteness of damage and foreseeability of the type of damage caused apply to cases involving the rule in Rylands v Fletcher and nuisance in the same way they do for negligence cases. C extracts water to supply to the public. The dendant stored chemicals on its land for use in tanning. They agreed that the defendant’s use of the land was non-natural, but the actions failed because the claimant could not establish that their losses were sufficiently non-remote. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × aaliyah xo. The claimant sued the defendant in nuisance, negligence and under the rule in Rylands v Fletcher. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The trial judge held that the remoteness requirement did not apply to Rylands v Fletcher liability, but the defendant was still not liable because their use of the land was natural. 804,806. Cambridge Water Co. purchased a borehole in 1976 to extract water to supply to the public. Damage must be foreseeable, see Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] - D must have known or ought reasonably to have foreseen that thing, if escaped, may cause damage Cambridge Water Co v Eastern Counties Leather work plc [1994] Keele University. Cambridge Water Company v Eastern Counties Leather plc. The Defendants were engaged in leather tanning at Sawston. Facts. Cambridge Water Co. v. Eastern Counties Leather plc 1. Lord Goff declined to fully define the concept of ‘naturalness’ under the rule in Rylands v Fletcher. In Cambridge Water Co. v. Eastern Counties Leather PLC,15 Lord Goff, writing for a unanimous House of Lords, indicated that reasonable foreseeability of harm was an essential element in Rylands type cases. Facts. The case concerned an escaped substance which polluted a water source owned by the plaintiff. Common law is case law made by Judges which establishes legal precedents arising from disputes between one person and another . Cambridge Water v. Eastern Counties Leather . Decision in "Cambridge Water" D.C. v. Heller. First, and most obviously, it testifies to the neglected and polluted state of British Keele University. 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. Does rylands v fletcher still apply. First, and most obviously, it testifies to the neglected and polluted state of British groundwater which is used to supply over 30 per cent of domestic water in England and Wales.2 Since the demand for domestic drinking water rises unremittingly,3 On investigation, it emerged that the solvent came from the Eastern Counties Leather plc tannery, about 1.3 miles from the borehole. The rule in Rylands v Fletcher is best characterised as a sub-species of nuisance. C claimed on negligence, nuisance and under rule in . Case Summary The Defendants were therefore not liable for the damage. Academic year. Since the tannery opened in 1879 until 1976, the solvent it used had been delivered in 40 gallon drums which were transp… However, this interpretation from Rickards was doubted in Cambridge Water Co. Ltd v Eastern Counties Leather plc [1994] 2 AC 264. These solvents eventually seeped through the building floor and into the soil, which eventually meant that they contaminated the Claimant’s borehole at Sawston Mill near Cambridge, some 1.3 miles away. Rylands. Both parties appealed. 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; Spillages of small quantities of solvents occurred over a long period of time which seeped through the floor of the building into the soil below. The House of Lords held in favour of the defendant. It then discovered that the water was contaminated with a solvent (a liquid substance). Due to unforeseen seepage, the defendant’s chemicals contaminated the claimant’s borehole (which was over a mile away). 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