Escape following vandalism was not ’caused’ by the company. It was not foreseeable. Although there had been past incidents of vandalism at the defendant’s premises, ‘the vandalism involved was not reasonably foreseeable because it was out of all proportion to the earlier and more minor incidents.’ Though Welsh Water Authority -v- Williams Motors (Cwmdu) Ltd was approved, ‘that does not mean that foreseeability is wholly irrelevant. It is one factor which a tribunal may properly consider in seeking to apply common sense to the question: who or what caused the result under consideration.’
Judges:
Buckley J
Citations:
Independent 19-Nov-1993, [1994] 4 All ER 281
Statutes:
Citing:
Approved – Welsh Water Authority v Williams Motors (Cwmdu) Ltd QBD 1-Dec-1988
Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under . .
Cited by:
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 09 April 2022; Ref: scu.84191