Judge Thornton QC said: ‘With respect to Mackenna J, however, the narrow meaning given to the Act which so concerned him is one that is particularly appropriate given the Act’s historical origins since the fire in question had not escaped ‘accidentally’ since it escaped following a dangerous or non-natural use of the land. Thus, the escape was one for which custom had long since imposed strict liability on the occupier of the land.’
Judges:
Judge Thornton QC
Citations:
[2002] 3 ALL ER 574
Citing:
Explained – Mason v Levy Auto Parts of England 1967
The defendants had a store of machinery in inflammable packings, together with a quantity of petroleum, acetylene and paints. A neighbour claimed from fire damage.
Held: They were liable for the damage when fire broke out and escaped to the . .
Cited by:
Cited – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Cited – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 30 April 2022; Ref: scu.230979
