A fire resulting from a non-natural user of land (i.e. a fire to which the rule in Rylands v Fletcher applies) was outside the protection of the Act, because, in such circumstances, the relevant fire was not regarded as having been started accidentally. Atkinson J: ‘A private nuisance arises out of a state of things on one man’s property whereby his neighbour’s property is exposed to danger’,
Judges:
Atkinson J
Citations:
[1946] 1 ALL ER 489
Statutes:
Fires Prevention (Metropolis) Act 1774
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 – Anthony and others v The Coal Authority QBD 28-Jul-2005
The claimants lived adjacent to an old coal tip, which caught fire spontaneously and burned for three years. They claimed in nuisance. The defendant argued that the risk of spontaneous ombustion was not reasonable, and that the use was safe.
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 10 May 2022; Ref: scu.230977
