The borehole was used to extract and supply water to local residents and consequently this meant that the water available for extraction as contaminated and to such a degree that it could not be safely used by the Claimants. Cambridge Water Company v Eastern Counties Leather plc is a landmark case. The House of Lords held in favour of the defendant. Both parties appealed. CONTINUOUS INTERFERENCE. is part of the Occupational Health & Safety Information Service's online subscription. The indications are that the House of Lords may take this opportunity to update the civil law relating to … Rylands v. Fletcher, requiring foreseeability of harm. View all articles and reports associated with Cambridge Water Co Ltd v Eastern Counties Leather plc [1993] UKHL 12 Reference this It differs from statutory law which is made by Parliament and sets out measures for the courts to follow. The Court of Appeal had applied strict liability in nuisance for historic pollution. Cambridge Water v Eastern Counties Leather plc 2 AC 264 House of Lords The defendant owned a leather tanning business. The recent decision in Cambridge Water Co. Ltd. v. Eastern Counties Leather Plc.3 illustrates this ambivalence and raises a variety of questions about the scope, application and policy grounding of the doctrine in a modern setting. The issue in the case was whether the rules for remoteness of damage and foreseeability of the type of damage caused apply to cases involving the rule in Rylands v Fletcher and nuisance in the same way they do for negligence cases. VAT Registration No: 842417633. This made the water unsafe to drink. In Cambridge Water v Eastern Counties Leather [1994], Lord Goff said: “Foreseeability of damage of the relevant type should be regarded as a prerequisite of liability in damages under the rule” ⇒ … However unlikely an escape may be Keele University. Cambridge Water Co. v Eastern Countries Leather plc [1994] 2 AC 264. This is significant to Wessex Water Plc's case as while the chemicals bring increased danger the presence of Cornwall County Leather Plc has benefited the community. First, and most obviously, it testifies to the neglected and polluted state of British But I think that the point is now settled by two recent decisions of the House of Lords: Cambridge Water Co v Eastern Counties Leather plc [1994] AC 264, which decided that Rylands v Fletcher is a special form of nuisance and Hunter v Canary Wharf Ltd [1997] AC 655, which decided that nuisance is a … CASES Cambridge Water Leather plc: Diluting Company v Eastern Counties Liability for Continuing Escapes David Wilkinson * Cambridge Water Company v Eastern Counties Leather plc’ is a landmark case. Facts. The trial judge dismissed the nuisance and negligence actions on the basis that the harm was not foreseeable and so the loss was too remote. Module. Facts. Diluting Liability for Continuing Escapes David Wilkinson. 804,806. There must be a continuous interference over a period of time with the claimant's use or enjoyment of land. University College London. 2011/2012 Cambridge Water v. Eastern Counties Leather . In Cambridge Water Co. v. Eastern Counties Leather PLC,15 Lord Goff, writing for a unanimous House of Lords, indicated that reasonable foreseeability of harm was an essential element in Rylands type cases. The contamination was caused by a solvent known as aaliyah xo. Setting a reading intention helps you organise your reading. David Wilkinson. However, this interpretation from Rickards was doubted in Cambridge Water Co. Ltd v Eastern Counties Leather plc [1994] 2 AC 264. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. 3 Ibid , at pp. Spillages of small quantities of solvents occurred over a long period of time which seeped through the floor of the building into the soil below. Tort Law (LAWS2007) Uploaded by. Academic year. The trial judge held that the remoteness requirement did not apply to Rylands v Fletcher liability, but the defendant was still not liable because their use of the land was natural. Does the Rule in Rylands v Fletcher still apply in 21st century. They agreed that the defendant’s use of the land was non-natural, but the actions failed because the claimant could not establish that their losses were sufficiently non-remote. Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). Was the storage of chemicals a natural use? Cambridge In Water Co. v. Eastern Counties Leather pic [1994] 2 A.C. 264, 300 Lord Goff argued tha t a plaintiff should not be able to recover for damage to property more easily than personal injury. B Cambridge Water Co v Eastern Counties Leather plc This was also the interpretation adopted by the House of Lords in Cambridge Water Co v Eastern Counties Leather plc,16 where Lord Goff relied on The Wagon Mound (No 2) to hold that liability in Rylands v Fletcher required foreseeability of the type of harm. Do you have a 2:1 degree or higher? In Cambridge Water Co. v. Eastern Counties Leather plc [1994] 2 A.C. 264, 300 Lord Goff argued that a plaintiff should not be able to recover for damage to property more easily than personal injury. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Search for more papers by this author. Must the harm be foreseeable to be recoverable in nuisance? The Claimants brought a claim against the Defendants on the grounds of nuisance, negligence and the rule in Rylands v Fletcher. C extracts water to supply to the public. Foreseeability of harm is a prerequisite of the recovery of damages in private and also public nuisance: per Lord Goff, Cambridge Water v Eastern Counties Leather [1994] 1 All ER 53 at 71-2. Looking for a flexible role? It was held further that the damage in this case was too remote as it was not possible for the Defendants to reasonably foresee a spillage which would eventually lead to contamination of a water borehole so far away. First, and most obviously, it testifies to the neglected and polluted state of British groundwater which is used to supply over 30 per cent of domestic water in England and Wales.2 Since the demand for domestic drinking water rises unremittingly,3 Torts have been used to control environmental pollution although the environment is not their primary purpose which is the protection o… The dendant stored chemicals on its land for use in tanning. However, he noted that: Cambridge Water v Eastern Counties Leather – Case Summary. Common law is case law made by Judges which establishes legal precedents arising from disputes between one person and another . These solvents eventually seeped through the building floor and into the soil, which eventually meant that they contaminated the Claimant’s borehole at Sawston Mill near Cambridge, some 1.3 miles away. In doing so, he specifically rejected the American “ultra- The Defendants were engaged in leather tanning at Sawston. The fact that there is a foreseeable and significant danger in the event of an escape is a strong indicator that it is non-natural; The fact that the activity is common in a particular locality or industry is not enough to make it natural. Citations: [1994] 2 AC 264; [1994] 2 WLR 53; [1994] 1 All ER 53; [1994] 1 Lloyd’s Rep 261; [1994] Env LR 105; [1993] EG 211 (CS). Cambridge Water Co Ltd v Eastern Counties Leather Plc House of Lords. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). During their work, as a result of the process of degreasing pelts, small quantities of a solvent known as Perchloroethene (PCE) was spilt on the floor of the building in which the Defendants carried out their activities. Decision in "Cambridge Water" D.C. v. Heller. Must the harm be foreseeable to be recoverable under the rule in. The “rule” in Rylands v. Fletcher (1866): “We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his appellant company, Eastern Counties Leather plc (ECL), is liable to the respondent company, Cambridge Water Co (CWC), in damages in respect of damage suffered by reason of the contamination of water available for abstraction at CWC’s borehole at Sawston Mill near Cambridge. Citations: [1994] 2 AC 264; [1994] 2 WLR 53; [1994] 1 All ER 53; [1994] 1 Lloyd’s Rep 261; [1994] Env LR 105; [1993] EG 211 (CS). First published: September 1994. The document also included supporting commentary from author Craig Purshouse. Keele University. Cambridge Water v Eastern Counties Leather [1994] leather companies chemicals seeped through the earth and into the borehole concentration of chemicals meant fresh water was no longer usable HoL said it would be inconsistent to apply Rylands v Fletcher , chemicals and the concentration that seeped through was unforeseeable Common law is ‘Judge made’ rather than statue law . Company Registration No: 4964706. Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Past Final Examinations Does rylands v fletcher still apply. Donoghue v. Stevenson . Case Summary Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Due to unforeseen seepage, the defendant’s chemicals contaminated the claimant’s borehole (which was over a mile away). Damage must be foreseeable, see Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] - D must have known or ought reasonably to have foreseen that thing, if escaped, may cause damage Cambridge Water Co v Eastern Counties Leather work plc [1994] C claimed on negligence, nuisance and under rule in . On investigation, it emerged that the solvent came from the Eastern Counties Leather plc tannery, about 1.3 miles from the borehole. The case concerned an escaped substance which polluted a water source owned by the plaintiff. Cambridge Water Co. v. Eastern Counties Leather plc 1. It then discovered that the water was contaminated with a solvent (a liquid substance). Excerpts from the H.L. Cambridge Water Co. and Eastern Counties Leather Plc. REQUIREMENTS 1. Free resources to assist you with your legal studies! Download Citation | On Jan 18, 2011, David Wilkinson published Cambridge Water Company v Eastern Counties Leather plc. Cambridge Water Company v Eastern Counties Leather plc. Registered Data Controller No: Z1821391. Free Practical Law trial Cambridge Water Co v Eastern Counties Leather plc ((1994) 2 AC 264, 306) 2 WLR 53 - (Applied) - Nuisance Where the company sought damages against a tannery which had permitted perchloroethane to percolate into the aquifer, thereby rendering the water unusable for the purposes of public supply; To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! v Fletcher. *You can also browse our support articles here >. Search for more papers by this author. In-house law team, Applicability of remoteness of damage rules in nuisance and Rylands v Fletcher cases. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The Case of Cambridge Water Co Ltd v Eastern Counties Leather Plc The case of Cambridge Water Co Ltd v Eastern Counties Leather Plc, has overruled the fundamental case under strict liability which is Rylands v Fletcher.There are several reasons were given by the judge on the new principle established in this Cambridge case. Since the tannery opened in 1879 until 1976, the solvent it used had been delivered in 40 gallon drums which were transp… Foreseeability of harm of the relevant type by the defendant is a prerequisite of the recovery of damages both in nuisance and under the rule in Rylands v Fletcher. Grant v. Australian Knitting Mills . Cambridge Water v Eastern Counties Leather – Case Summary. University. Cambridge Water Co. purchased a borehole in 1976 to extract water to supply to the public. The dendant stored chemicals on its land for use in tanning. A Tort is a wrong which results when there is a breach of civil duty owed to someone else. The Defendants were therefore not liable for the damage. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. The remoteness of damage requirement applied to both nuisance and the rule in Rylands v Fletcher. Key Cases : Rylands v Fletcher (1868) / Healy v Bray UDC [1963-4] / Cambridge Water Co Ltd v Eastern Counties Leather plc / Rickards v Lothian / Read v Lyons. Rylands. The Defendants were engaged in leather tanning at Sawston. It was held that the necessity to prove foreseeability of the type of damage suffered and to deal with remoteness of damage more generally applies equally to cases based on negligence, nuisance and the rule in Rylands v Fletcher. Cambridge Water case The House of Lords has now heard the appeal in the case of Cambridge Water Company v Eastern Counties Leather plc and reserved judgment. This case document summarizes the facts and decision in Cambridge Water Co v Eastern Counties Leather plc 2 AC 264. The rule in Rylands v Fletcher is best characterised as a sub-species of nuisance. 14th Oct 2019 D used and stored a chlorinated solvent at its tannery, situated just over a mile from P’s borehole where water was abstracted for domestic use. Take a look at some weird laws from around the world! In 1983 it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent. The defendant, Eastern It emerged that the solvent came from the Eastern Counties Leather plc tannery, about 1.3 miles from the borehole. Strict Liability for Environmental Law: the Deficiencies of the Common Law: Cambridge Water Company v Eastern Counties Leather plc; Cambridge Water Company v Hatchings and Harding Ltd The claimant sued the defendant in nuisance, negligence and under the rule in Rylands v Fletcher. Cambridge Water v. Eastern Counties Leather The Polluter′s Charter Cambridge Water v. Eastern Counties Leather The Polluter′s Charter Rosalind Lee 1994-09-01 00:00:00 Discusses and details the 1994 case of Cambridge Water Co. v. Eastern Countries Leather plc and comments on the decision of the House of Lords, which found in favour of the polluter (ECL). The Cambridge Water Case (House of Lords) The House of Lords has given its decision in Cambridge Water Company v Eastern Counties Leather plc, finding that there is no liability in nuisance for damage which was not reasonably foreseeable. Lord Goff declined to fully define the concept of ‘naturalness’ under the rule in Rylands v Fletcher. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. In cambridge Water Co. Ltd v Eastern Countries Leather plc is a wrong which results when there is a name! 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