Savage and Another v Fairclough and others: CA 30 Jul 1999

The defendants had applied inorganic fertiliser to their land, eventually causing pollution of the claimant’s water supply. The pollution exceeded EC levels. However the claimants had not established that the damage was foreseeable, nor that the practice of the defendant farmers was other than standard practice.
Held: The claimant’s appeal failed. They had not established forseeability as required in Cambridge Water.

Judges:

Lord Justice Auld Lord Justice Mummery Mr Justice Gage

Citations:

[1999] EWCA Civ 2056, [1999] EWCA Civ 2056

Links:

Bailii

Statutes:

EC Directive 80/778/EEC

Jurisdiction:

England and Wales

Citing:

AppliedCambridge Water Company v Eastern Counties Leather Plc HL 9-Dec-1993
The plaintiffs sought damages and an injunction after the defendant company allowed chlorinated chemicals into the plaintiff’s borehole which made unfit the water the plaintiff itself supplied.
Held: The appeal was allowed. Liability under . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Environment

Updated: 31 May 2022; Ref: scu.146971