header-logo header-logo

Fire escape

01 February 2013 / Jonathan Fowles
Issue: 7546 / Categories: Features , Property
printer mail-detail
117146091_2

Jonathan Fowles reviews the latest attempt to wrestle with strict liability for fire damage

In Stannard (t/a Wyvern tyres) v Gore [2012] EWCA Civ 1248 the Court of Appeal has had to consider the liability of an occupier for fire which starts on his land without fault and spreads to the land of another. For any lawyer with a decent memory of his law of tort, this will immediately bring to mind the rule in Rylands v Fletcher. He may also remember that the rule has been limited almost to the point of extinction by successive decisions of the UK’s highest court (see most recently Transco plc v Stockport MBC [2004] 2 AC 1).

Rylands v Fletcher

As originally formulated by Blackburn J in the Court of Exchequer Chamber ((1866) LR 1 Ex 265 at 279), the rule in Rylands v Fletcher was that: “The person who for his own purposes brings onto his own lands and collects and keeps there anything likely to do mischief if it escapes, must keep

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll