An owner of a property let to tenants was liable to a neighbour injured after a fire in the property, where the fire arose in circumstances which the owner had power, through the making of rules to prevent. The damage arose from a tenant smoking in a communal area. The test was whether the owner had the right to debar such behaviour. Since he did, he must be treated as the occupier of the land for this purpose and was therefore liable to the neighbour.
Times 22-Nov-2000,  EWCA Civ 275,  L and TR 23
England and Wales
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.
Torts – Other, Land, Personal Injury
Updated: 19 May 2022; Ref: scu.88772