RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council: 1985

The suggestion that the decision in Rylands v Fletcher had any place in Scots law is ‘a heresy which ought to be extirpated.’

Judges:

Lord Fraser of Tullybelton

Citations:

1985 SLT 214

Jurisdiction:

Scotland

Citing:

CitedRylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .

Cited by:

CitedTransco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Lists of cited by and citing cases may be incomplete.

Negligence, Nuisance

Updated: 12 May 2022; Ref: scu.188014