cambridge water v eastern counties leather

Looking for a flexible role? 2011/2012 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. Do you have a 2:1 degree or higher? Reference this aaliyah xo. 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. University. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. First published: September 1994. The Claimants brought a claim against the Defendants on the grounds of nuisance, negligence and the rule in Rylands v Fletcher. Lord Goff declined to fully define the concept of ‘naturalness’ under the rule in Rylands v Fletcher. 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. Take a look at some weird laws from around the world! It differs from statutory law which is made by Parliament and sets out measures for the courts to follow. Must the harm be foreseeable to be recoverable under the rule in. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The Case of Cambridge Water Co Ltd v Eastern Counties Leather Plc The case of Cambridge Water Co Ltd v Eastern Counties Leather Plc, has overruled the fundamental case under strict liability which is Rylands v Fletcher.There are several reasons were given by the judge on the new principle established in this Cambridge case. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The indications are that the House of Lords may take this opportunity to update the civil law relating to … Cambridge Water v Eastern Counties Leather [1994] leather companies chemicals seeped through the earth and into the borehole concentration of chemicals meant fresh water was no longer usable HoL said it would be inconsistent to apply Rylands v Fletcher , chemicals and the concentration that seeped through was unforeseeable Cambridge Water Co. v Eastern Countries Leather plc [1994] 2 AC 264. Does the Rule in Rylands v Fletcher still apply in 21st century. 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. 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. Search for more papers by this author. 3 Ibid , at pp. Cambridge Water v. Eastern Counties Leather . 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 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. Module. Cambridge Water Co Ltd v Eastern Counties Leather Plc House of Lords. 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. 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. Diluting Liability for Continuing Escapes David Wilkinson. The House of Lords held in favour of the defendant. Both parties appealed. Free resources to assist you with your legal studies! Common law is ‘Judge made’ rather than statue law . Past Final Examinations The contamination was caused by a solvent known as 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. 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 Practical Law trial University College London. 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. A Tort is a wrong which results when there is a breach of civil duty owed to someone else. The Defendants were engaged in leather tanning at Sawston. 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] REQUIREMENTS 1. Was the storage of chemicals a natural use? Rylands. Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. Must the harm be foreseeable to be recoverable in nuisance? The Court of Appeal had applied strict liability in nuisance for historic pollution. Cambridge Water v Eastern Counties Leather – Case Summary. 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. Torts have been used to control environmental pollution although the environment is not their primary purpose which is the protection o… The dendant stored chemicals on its land for use in tanning. VAT Registration No: 842417633. CONTINUOUS INTERFERENCE. In doing so, he specifically rejected the American “ultra- View all articles and reports associated with Cambridge Water Co Ltd v Eastern Counties Leather plc [1993] UKHL 12 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. 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. Cambridge Water v Eastern Counties Leather plc 2 AC 264 House of Lords The defendant owned a leather tanning business. Tort Law (LAWS2007) Uploaded by. David Wilkinson. Case Summary Company Registration No: 4964706. 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