14 Transco ibid [46] 15 See for example (with reference to Stannard v Gore) S Tofaris, ‘Rylands v Fletcher Restricted Further’ (2013) 72 CLJ 11. Judgement for the case Transco plc v Stockport MBC. Bohlen, 'The Rule in Rylands v Fletcher*, 59 University of Pennsylvania Law Review (1911) 298, 373, 423; cf R.T. Molloy, 'Fletcher v Rylands, A Re … [39] A.I.R. Unforeseeable act of a stranger – The act must be due to the act of a stranger, who the defendant has no control See Box v Jubb (1879), Rickards v Lothian (1913) Act of GOD- The defence is defunct, due to modern Defendant will not be liable where escape … Cited – Transco plc v Stockport Metropolitan Borough Council HL (House of Lords, [2003] UKHL 61, Bailii, Times 20-Nov-03, [2004] 1 ALL ER 589, 91 Con LR 28, [2004] 2 AC 1, [2004] Env LR 24, [2004] 1 P and CR DG12, [2003] 3 WLR 1467, [2003] 48 EGCS 127, [2003] NPC 143) The claimant laid a large gas main through an embankment. 4 C.P.1. F Haines, Chapters of Insurance History: the Origin and Development of … However, as H.H.J. A large water supply pipe nearby broke, and very substantial … Stannard (n 7) [50]. In Transco Plc v Stockport MBC [2003] UKHL 61, [2004] 2 A.C. 1, at [39], Lord Hoffmann was little surprised “that counsel could not find a reported case since the Second World War in which anyone had succeeded in a claim under the rule”. In its recent judgment in Mark Stannard v Gore, the Court of Appeal has considered two important questions about the rule: (a) whether the inherently dangerous thing must itself “escape” or may contribute to the escape of something else … . The House of Lords has not officially abolished the rule, but its scope of application has been narrowed down considerably ever … 8 Union of India v Prabhakar Vijaya Kumar (2008) 9 SCC 527; Delhi Jal Board v Raj Kumar ILR (2005) II Del 778; Nagrik Sangarsh Samiti v Union of India ILR (2010) IV Del 293; Alamelu v State of Tamil Nadu (2012) 2 CTC … 5 Burnie Port Authority v General Jones Pty Ltd (1994) 120 ALR 42. Peter Coulson Q.C. The ground beneath the gas pipe had washed away when the council’s water pipe … Transco v Stockport MBC [2004] 1 All ER 589 Case summary . In Transco Plc v Stockport MBC, the House of Lords reviewed the rule in Rylands v Fletcher and ruled that it had no role to play in modern tort law. 2 I need not repeat the summary given by my noble and learned … 15 (1866) LR 1 Ex 265, 285-6; A. W.B. In Transco plc v Stockport MBC, Lord Hobhouse defined an act of God to require the following: - The event was due to natural causes directly and exclusively - The event involved no human agency or human intervention - It was not realistically possible for a human to reasonably guard against or prevent the event by amount of foresight, pain and care. This point was established in the … See also F.H. An open fire in a domestic fire grate does not constitute a non-natural use of land: Sochacki v Sas [1947] All ER 344 Case summary . 10 Added to Lord Blackburn’s criteria by Lord Cairns in the House of Lords, n 1. 5. Stannard v Gore.7 Highly pertinent to this discussion is the long-standing description of such … Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents) [2003] UKHL 61. Like this: Like Loading... IPSA LOQUITUR. Indeed their Lordships considered whether the rule has any applicability in today’s world against the backdrop of a decision by an Australian court to abolish the rule. By Andrew Davies 1. This was Lord Hoffmann’s description in Transco v Stockport MBC of the rule in Rylands v Fletcher (it is another matter that India has moved on to absolute liability). Mason v Levy Auto Parts of England Ltd [1967] 2 QB 530; Musgrove v Pandelis [1919] 2 KB 43; Piggot v Eastern Counties Railway Company [1846] 3 CB 229; Read v Lyons [1946] UKHL 2; Rylands v Fletcher [1868] UKHL 1; Stannard v Gore [2012] EWCA Civ 1248; Transco plc v Stockport MBC [2003] UKHL 61 The defendant argued that the effect of the reasoning of the House of Lords in Hunter v Canary Wharf (1997) and Transco plc v Stockport MBC (2003) - neither PI cases - was that the previous authorities in the Court of Appeal and the lower courts could not stand. 60+ page eBook Research Methods, Success Secrets, Tips, Tricks, and … The House said that the rule should be confined to circumstances where the occupier has brought some dangerous thing onto his land which poses an exceptionally high risk to neighbouring property should it escape, and which amounts to an … 2. Transco v Stockport MBC [2003] UKHL 61; [2004] 2 AC 1. 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