Walker Morris on Rylands v Fletcher: nuisance and the danger with delay
Willis v Derwentshire was a claim for damages in nuisance, negligence and under the rule in Rylands v Fletcher, arising from the escape of dangerous gas from land owned by the defendant (the council).
The claimants owned a house and garden, and occupied neighbouring land which they used as a smallholding, adjacent to land comprising extensive disused underground coal workings which had been purchased by the Council from the National Coal Board in 1978. The Council’s purchase was subject to covenants that it would infill and maintain abandoned coal workings and would indemnify the Coal Board against any liability or expense not associated with ongoing mining operations after the date of the conveyance. Immediately south of the claimants’ garden lay the mouth of an abandoned coal drift (or tunnel). The combination of reduced oxygen and increased carbon dioxide in the workings produced emissions of large quantities of stythe gas, which can cause loss of consciousness and asphyxiation. The claimants were temporarily evacuated from their property in 2006, due to a perceived unacceptable risk to their safety, while a programme of remedial works was undertaken by the (now) Coal Authority but paid for by the Council…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents