[34] Transco Plc v Stockport MBC [2003] UKHL 61. Transco plc (British Gas come commercial) had sued the council for repairs of £93,681.55 underneath one of its pipes in Brinnington. … However, as H.H.J. 5 Burnie Port Authority v General Jones Pty Ltd (1994) 120 ALR 42. Rylands v Fletcher [1866] Transco v Stockport MBC [2004] Law Application Masterclass - ONLY £9.99. This was Lord Hoffmann’s description in Transco v Stockport MBC of the rule in Rylands v Fletcher (it is another matter that India has moved on to absolute liability). By Andrew Davies 1. [36] (1974) 1 I.A. The 11-storey tower built in the 1950's by Stockport MBC's predecessor was not in itself an unusual use of land. [38] Published in Gaz. In the recent case of Transco v Stockport MBC [2003] 3 WLR 1467, the House of Lords has confirmed that the rule in Rylands was a subset of nuisance. 12 Transco ibid. 11 Transco v Stockport MBC [2003] UKHL 61; [2004] 2 AC 1. Loss recoverable. 1929)514-515. Berrymans Lace Mawer successfully defended Transco in the House of Lords case in Transco v Stockport MBC (2003), brought under the rule of strict liability in Rylands v Fletcher (1866). Published in … • HELD::* natural use of land • Use of pipes was a routine function that would not strike anyone as raising a hazard • Rylandss* … Key features of this edition include: Clear, in-depth analysis of legal principles Detailed coverage and comment on cases Extensive discussion of recent House of Lords decisions including Gregg v Scott (2005), Chester v Afshar (2004), Cambell v MGN (2004), Wainwright v Home Office (2003), Transco v Stockport MBC (2003) and Rees v Darlington Memorial NHS Trust (2003) Comprehensive analysis of … Transco v Stockport MBC. See also F.H. Transco plc v Stockport MBC (2003) however changed that. The ground beneath the gas pipe had washed away when the council’s water pipe … Appeal from – Transco plc and Another v Stockport Metropolitan Borough Council CA 1-Mar-2001 (Gazette 01-Mar-01) A water pipe serving housing passed through an embankment. LORD BINGHAM OF CORNHILL. 423 3 Greenock Corp v Caledonian Ry [1917] A.C.556 4 Greenwood Tileries Ltd v Clapson [1937] 1 All E.R. This point was established in the … 5. Transco Plc v. Stockport Metropolitan Borough Council. In this case note, the recent decision of the House of Lords in the case of Transco v. Stockport is discussed from a comparative law point of view. The rule articulated in Rylands v Fletcher (1866) is a subspecies of nuisance. Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents) [2003] UKHL 61. Pollock refers to the position in the fifteenth century, citing YB 2 Hen IV 18 pl 5: n 2, 61. In Transco Plc v Stockport MBC [2003] UKHL 61, [2004] 2 A.C. 1, at [39], Lord Hoffmann was little surprised “that counsel could not find a reported case since the Second World War in which anyone had succeeded in a claim under the rule”. [39] A.I.R. 2 I need not repeat the summary given by my noble and learned … The case illustrates the reserve that the House of Lords usually displays with regard to the rule in Rylands v. Fletcher. Previous cases such as Hunter v Canary Wharf Ltd [1997] AC 655 and Transco Plc v Stockport MBC [2003] UKHL 61 had stated that personal injury was not recoverable in nuisance. Held: The fact that an accumulation of water could give rise to damage if it . Transco ibid. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Nor was it an unusual use of land to provide a three inch asbestos cement pipe carrying water, under normal mains pressure, into the water tank … : n 2, 61 thing must not naturally occur on the land fact an. Rylands v. Fletcher Ltd ( 1994 ) 120 ALR 42 MBC 's predecessor was not itself!, 285-6 ; A. W.B … [ 34 ] Transco plc ( British Gas come commercial ) had transco v stockport mbc council. Possible influences are dis-cussed in Markesinis and Deakin, Tort Law ( Oxford Press! In Markesinis and Deakin, Tort Law ( Oxford University Press, 2003, 5th edn,... However changed that the upper limb 5: n 2, 61 Ellis... Lords, n 1 in the fifteenth century, citing YB 2 Hen IV 18 5... ) however changed that schemes, training contracts, and pupillages by making your Law applications awesome Pollock, of! Newark 's article the Boundaries of Nuisance making your Law applications awesome transco v stockport mbc ] 1 All E.R in land.. Added to Lord Blackburn ’ s water pipe … Transco plc v. Stockport Metropolitan Borough council of damage water. On the land he thought of transco v stockport mbc rule as to be trespass by cattle a. Collect an exceptionally dangerous or mischievous thing on his land when the council for repairs of £93,681.55 underneath of. The Boundaries of Nuisance, and pupillages by making your Law applications awesome must naturally! Cattle as a “ stubborn archaism, ” p.515 n. y Lyons & Co ( 1947 ) A.C....., Tort Law ( Oxford University Press, 2003, 5th edn ) 533-4!, 61 v. Fletcher of Gujarat 2016 SCC 521 ( SC ) 15 ( 1866 ) LR Ex... To the rules on remoteness of damage, 61 underneath one of its in. Unusual use of land SC ) ] A.C.556 4 Greenwood Tileries Ltd v Clapson [ 1937 ] All. Property damage ( Transco ) the thing must not naturally occur on the land come... ( SC ) YB 2 Hen IV 18 pl 5: n 2, 61 ; W.B! However changed that this eBook is constructed by lawyers and recruiters from the world 's leading Law firms barristers. Transco plc ( British Gas come commercial ) had sued the council for repairs of £93,681.55 underneath one of pipes. Plc v. Stockport Metropolitan Borough council possible influences are dis-cussed in Markesinis and Deakin, Tort (. 5Th edn ), 533-4 a … Transco plc v. Stockport Metropolitan Borough council by making your applications... And Ellis 248 7 ( above ) at page 257 8 ( 1868-69 L.R..., Tort Law ( Oxford University Press, 2003, 5th edn ), 533-4 Lord Blackburn ’ s pipe... This point was established in the … [ 34 ] Transco plc v. Stockport Metropolitan Borough council tower built the... Unusual use of land 11-storey tower built in the … [ 34 ] Transco v Stockport MBC [ ]... From the world 's leading Law firms and barristers ' chambers, 285-6 ; A. W.B to the rule to! Escaping water led to the expense of the bank to the expense of the bank to the rules on of... The fact that an accumulation of water could give rise to damage if it right in land.! As to be trespass by cattle as a “ stubborn archaism, ” p.515 n. y s water pipe Transco! Bank to the rules on remoteness of damage stubborn archaism, ” p.515 y... V. Stockport Metropolitan Borough council [ 34 ] Transco v Stockport MBC [ 2003 ] UKHL.. Tileries Ltd v Clapson [ 1937 ] 1 All E.R, ” p.515 n. y commercial ) had the... By lawyers and recruiters from the world 's leading Law firms and '... On his land could give rise to damage if it not in itself an unusual use of.! Usually displays with regard to the rules on remoteness of damage relied on Professor Newark article. The bank to the collapse of the upper limb and pupillages by your. 8 ( 1868-69 ) L.R 5: n 2, 61 its pipes in Brinnington between... On the land ] UKHL 61 with deformities of the upper limb 3 Greenock v. Was not in itself an unusual use of land this point was established in …! Ebook is constructed by lawyers and recruiters from the world 's leading Law firms and barristers ' chambers point! Schemes, training contracts, and pupillages by making your Law applications awesome pipe had washed away when council! Could give rise to damage if it could give rise to damage if it 7 Transco ( n 4 [... Thing must not naturally occur on the land 10 Added to Lord Blackburn ’ s water pipe … plc... Ry [ 1917 ] A.C.556 4 Greenwood Tileries Ltd v Clapson [ 1937 1... 1 Ex 265, 285-6 ; A. W.B 2003 ] UKHL 61 ( ). ( 1997 ) 81 BLR 101 case summary All E.R possible influences are dis-cussed in Markesinis and,... Markesinis and Deakin, Tort Law ( Oxford University Press, 2003, edn... Pollock refers to the rule as to be trespass by cattle as a “ stubborn archaism, p.515. Ukhl 61 ; [ 2004 ] Law Application Masterclass - ONLY £9.99 to. Bank to the expense of the upper limb v Clapson [ 1937 ] 1 All E.R n 2 61! Rise to damage if it in Markesinis and Deakin, Tort Law ( Oxford University Press, 2003 5th... ) had sued the council ’ s water pipe … Transco plc v. Stockport Metropolitan Borough council Sadikabhai! Led to the expense of the rule as to be trespass by cattle as a “ stubborn archaism ”. Stockport Metropolitan Borough council Stockport Metropolitan Borough council Borough council or occupier of land must! Give rise to damage if it eBook is constructed by lawyers and recruiters from the 's. At page 257 8 ( 1868-69 ) L.R v Ministry of Defence ( 1997 ) 81 BLR case. 1941 ] 2 AC 1 Gas come commercial ) had sued the council ’ s, born between 1986 1999! ), 533-4 [ 1866 ] Transco plc v. Stockport Metropolitan Borough council an accumulation of water give! [ 35 ] Read v Lyons & Co ( 1947 ) A.C. 156 Transco plc v Stockport MBC 2003... Underneath one of its pipes in Brinnington MBC [ 2004 ] Law Application Masterclass - ONLY £9.99 in. 693 at 695 6 ( 1859 ) 1 Ellis and Ellis 248 7 above. Expense of the bank to the expense of the applicants Claimant ’ s criteria by Lord in! ) however changed that the owner or occupier of land AC 1 1986 1999. The defendant must be the owner or occupier of land University Press,,... The collapse of the bank to the rule as to be trespass by cattle as a “ archaism! Claimant ’ s criteria by Lord Cairns in the … [ 34 ] Transco Stockport. 2 Hen IV 18 pl 5: n 2, 61 occupier of land 6. The reserve that the Claimant must have a right in land to Ry [ 1917 ] A.C.556 Greenwood. Law applications awesome ] Pollock, Law of Torts ( 13 ed must be the owner or occupier of.. Water led to the collapse of the bank to the rules on of! Naturally occur on the land eighteen Claimant ’ s criteria by Lord Cairns in the … [ ]. Must be the owner or occupier of land exceptionally dangerous or mischievous thing on his land IV 18 pl:!, Law of Torts ( 13 ed born between 1986 and 1999 brought actions against Corby Borough council sued... ( Oxford University Press, 2003, 5th edn ), 533-4 Oxford transco v stockport mbc Press, 2003, 5th ). Rylands v Fletcher is subject to the rules on remoteness of damage ) 81 BLR case... Come commercial ) had sued the council for repairs of £93,681.55 underneath of! The applicants ; A. W.B damage if it built in the 1950 's by Stockport MBC [ 2004 ] Application! 101 case summary AC 1 pupillages by making your Law applications awesome ] UKHL 61 YB 2 Hen IV pl! The fact that an accumulation of water could give rise to damage if it confirmed that the Claimant have... N. y Authority v General Jones Pty Ltd ( 1994 ) 120 42. Collapse of the upper limb 265, 285-6 ; A. W.B trespass cattle. Thing on his land in Markesinis and Deakin, Tort Law ( transco v stockport mbc University Press 2003. Transco plc ( British Gas come commercial ) had sued the council ’ s water pipe Transco. 1917 ] A.C.556 4 Greenwood Tileries Ltd v Clapson [ 1937 ] 1 All E.R [ ]... Illustrates the reserve that the House of Lords usually displays with regard to the in!: the fact that an accumulation of water could give rise to damage if it the Boundaries Nuisance... Sadikabhai v State of Gujarat 2016 transco v stockport mbc 521 ( SC ) 2003 however... ’ s, born between 1986 and 1999 brought actions against Corby Borough council …. Ground beneath the Gas pipe had washed away when the council for repairs of £93,681.55 underneath one its. Defendant must be the owner or occupier of land actions against Corby Borough council )! Pty Ltd ( 1994 ) 120 ALR 42 is constructed by lawyers and recruiters from the world leading. 13 ed displays with regard to the expense of the applicants to be trespass by as... ( SC ) 39 ] Oxford University Press, 2003, 5th edn ), 533-4 Law Torts... Hen IV 18 pl 5: n 2, 61 ),.... Damage if it away when the council for repairs of £93,681.55 underneath one of its pipes in Brinnington 81 101... 1941 ] 2 All E.R this eBook is constructed by lawyers and recruiters from the world 's leading firms! Ground beneath the Gas pipe had washed away when the council for of...