Facts. The dendant stored chemicals on its land for use in tanning. He took into consideration an article published by F.H. Cambridge Water Co. v Eastern Countries Leather plc [1994] 2 AC 264. The claimant sued the defendant in nuisance, negligence and under the rule in Rylands v Fletcher. This made the water unsafe to drink. Talk to us on. Lord Macmillan (at pp 170-171) was clear that it had no application to personal injury and Lord Simonds (at p 180) was doubtful. [8], The Cambridge Water Company then appealed to the Court of Appeal of England and Wales, but only on the claim under Rylands v Fletcher. cambridge water v eastern counties leather. In particular, Goff's use of "anything likely to do mischief if it escapes" and "answer for the natural and anticipated consequences" to justify his argument that Rylands had always intended foreseeability to be a factor suggests Goff "[overstepped] an appropriate reach of interpretation in drawing his conclusion...most cases gloss silently over the [wording]... three cases imply that foreseeability of damage is not a relevant consideration at all". The remoteness of damage requirement applied to both nuisance and the rule in Rylands v Fletcher. [21], Transco plc v Stockport Metropolitan Borough Council, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, Overseas Tankship (UK) Ltd v The Miller Steamship Co, https://en.wikipedia.org/w/index.php?title=Cambridge_Water_Co_Ltd_v_Eastern_Counties_Leather_plc&oldid=965087042, Creative Commons Attribution-ShareAlike License, This page was last edited on 29 June 2020, at 09:45. 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. Both parties appealed. Cambridge Water v Eastern Counties Leather (1994) o claim failed because not reasonable foreseeable that chemicals would cause damage if escaped-*Transco plc v Stockport (2003) o defendants were not at fault (not negligent) don’t need to show negligence for private nuisance [3] During the late 1970s, concerns were expressed about the presence of perchloroethene (PCE) in water, and as a result a European Directive was issued in 1980 requiring nations of the European Community to establish maximum acceptable levels of PCE in water; the United Kingdom did this in 1982. First, it was the first decision which imposed a requirement of foreseeability of harm to cases brought under Rylands v Fletcher; "it must be shown that the defendant has done something which he recognised, or judged by the standards appropriate at the relevant place or time, or ought reasonably to have recognised, as giving rise to an exceptionally high risk of danger or mischief if there should be an escape, however unlikely an escape may have been thought to be". On the Cambridge Water Company's third claim, Kennedy was forced to consider the meaning of "non-natural" in this setting. The tannery used PCE as a degreasing agent, beginning in the 1960s; by 1976, 100,000 US gallons (380,000 L) of this chemical were used by the tannery each year, with up to 25,000 US gallons (95,000 L) on the premises at any one time. On the matter of negligence, he held that the damage had to be reasonably foreseeable, as was required under Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd; he applied this same test to the claim under nuisance. Goff first addressed the Court of Appeal's use of Ballard v Tomlinson, stating that the decision there as based on the facts of the case, and did not establish either a rule that there was a right to clear water, nor that there was strict liability attached to that right. Facts. Cambridge Water Co Ltd v. Eastern Counties Leather plc (2 AC 264) is an English tort law case, wherein the principle of the requirement of foreseeability of damages, for claims under nuisance and negligence was established. The indications are that the House of Lords may take this opportunity to update the civil law relating to environmental liability. 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. [6] They argued that Eastern Counties Leather were liable in three ways; first, in negligence, second, in nuisance, and third, under the rule developed in Rylands v Fletcher. Cambridge Water Co v Eastern Counties Leather plc ((1994) 2 AC 264, 306) [1994] 2 WLR 53 - (Applied) - Nuisance . FAQ; About; Contact US And in Transco, Lord Goff (Said the same thing) 1. News. 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; Summary Leather Water Eastern Counties Cambridge V 1994. Background Levels of Mercury and Arsenic in Paleoproterozoic Rocks of the Mesabi Iron Range, Northern Minnesota. The facts of the case were as follows- The Defendants had a business of leather tanning at Sawston, since 1879. As such, Kennedy should have applied Ballard, and it was unnecessary to consider Rylands because the claim under nuisance was valid. Log in. FAQ; About; Contact US Clearwater points out that the original judgment in Rylands required modification "the price paid for which was legal uncertainty" to make it socially acceptable, which he sees as evidence that Rylands was, despite what Newark says, a significant change to the law. Cambridge Water Company (CWC), in damages in respect ofdamage suffered by reason of the contamination of water available forabstraction at CWC's borehole at Sawston Mill near Cambridge. 5 minutes know interesting legal matters Cambridge Water Co v Eastern Counties Leather plc [1994] 2 WLR 53 HL (UK Caselaw) Must the harm be foreseeable to be recoverable in nuisance? Filters. He also states that the decision did not explain precisely whether Rylands should be treated as a development within the law of nuisance, or something which sprung from nuisance and retains a separate existence. Saskatchewan Law Review Cambridge Water Co. Ltd. v. Eastern Counties Leather Plc. 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; ; Contact us to discuss your requirements. 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. [12] Goff also found similarities between the principle of "non-natural use" under Rylands and that of the "reasonable user" requirement in nuisance, concluding that "[I]t would lead to a more coherent body of common law principles if the rule [in Rylands] were to be regarded essentially as an extension of the law of nuisance". 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 court, composed of Nolan LJ, Mann LJ and Sir Stephen Brown, reversed Kennedy's decision. Considers some implications raised by this case about the scope of environmental damage and liability, and … Cambridge Water Co. v. Eastern Counties Leather plc 1. Although these spills were individually small, it was estimated around 3,200 US gallons (12,000 L) of PCE were spilled each year. Kennedy also chose to consider foreseeability of harm a factor in cases brought under Rylands, and stated the fact that harm was not foreseeable was a factor in his decision. INTRODUCTION Rylands v. Fletcher1 has a strong claim to be the most famous case in the law of torts and the case that individually added more to the established bases of tort liability than any other. Although there were no health risks, an EU … The House of Lords held in favour of the defendant. Diluting Liability for Continuing Escapes Peter B Kutner I. As such, the Company's claim under Rylands was not valid. Eastern Counties Leather Plc (ECL), is liable to the respondentcompany. His decision was reversed by the Court of Appeal of England and Wales, who cited an "obscure decision" to justify doing so. Goff's judgment has been criticised on several points by academics, who highlight flaws in wording which leave parts of the judgment ambiguous and a selective assessment of Rylands that ignores outside influences. Scientific Test Drilling and Mapping in East-Central Minnesota, 1994-1995: Summary of Lithologic Creative Writing Prompt For 5th Grade Results 1999 , Morey, G.B. 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). C had to abandon the borehole at considerable expense. [1] The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993. Cambridge Water Company v Eastern Counties Leather plc: Diluting Liability for Continuing Escapes David Wilkinson* Cambridge Water Company v Eastern Counties Leather plc is a landmark case. Cambridge Water Co Ltd v Eastern Counties Leather Plc House of Lords. Cambridge Water Co v Eastern Counties Leather plc : Cambridge Water Co v Eastern Counties Leather plc ((1994) 2 AC 264, 306) [1994] 2 WLR 53 - (Applied) - Nuisance. This case is where the company sought damages against a tannery which had permitted perchloroethane to percolate into an aquifer, thereby rendering the water unusable for the purposes of public supply. The case first went to the High Court of Justice, where Kennedy J dismissed claims under nuisance, negligence and Rylands v Fletcher because the harm was not foreseeable. 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). 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. 804,806. He held that the use of industrial chemicals was not "non-natural", given that it was on an industrial site, and that for a claim to succeed under Rylands the use must be "some special use bringing increased danger to others, and must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community"; Eastern Counties Leather created jobs in Sawston, and was thus providing a benefit for the community. [16] Secondly, it was the first decision to state that Rylands may be a sub-set of nuisance, and as such applied the same requirement of foreseeability of harm to nuisance, where previously such a requirement had not existed. Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264. The case concerned an escaped substance which polluted a water source owned by the plaintiff. 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. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. 3 Ibid , at pp. CHECK (Spillage of small quantities of chemical solvents from D's tannery, seeping into the soil below and eventually making their way into the C's borehole which was used for supplying water. 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. In 1980, a European Directive was issued requiring nations of the European Community to establish standards on the presence of perchloroethene (PCE) in water, which the United Kingdom did in 1982. live chat. [20] He interpreted the Cambridge Water Company decision as not being sufficient to completely write out Rylands as a distinct doctrine; this was later done by the House of Lords in Transco plc v Stockport Metropolitan Borough Council. Want to read more? The document also included supporting commentary from author Craig Purshouse. [11], Goff looked at the relationship between nuisance and Rylands v Fletcher, particularly how they treat strict liability. cambridge water v eastern counties leather. 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. If it no longer meets these criteria, you can reassess it. The rule in Rylands v Fletcher is best characterised as a sub-species of nuisance. How do I set a reading intention. 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 dendant stored chemicals on its land for use in tanning. This case document summarizes the facts and decision in Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264. How do I set a reading intention. 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; The Decision. The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance. Must the harm be foreseeable to be recoverable under the rule in. Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 1 All ER 53 is a case in English tort law that established the principle that claims under nuisance and Rylands v Fletcher must include a requirement that the damage be foreseeable; it also suggested that Rylands was a sub-set of nuisance rather than an independent tort, a debate eventually laid to rest in Transco plc v Stockport Metropolitan Borough Council. [17], Academic Tom Clearwater criticises some of the language Lord Goff picked out of Rylands v Fletcher for his judgment. 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. [4], An investigation immediately ensued. Cambridge Water Company v Eastern Counties Leather plc. [18] The reliance on Newark's article was also criticised, since "Neither he nor Goff attempted to justify their opinion with reference to anything external to [the Rylands] judgment". Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Cambridge Water Co Ltd v Eastern Counties Leather plc has been listed as one of the Social sciences and society good articles under the good article criteria.If you can improve it further, please do so. Book a demo. Call an Expert: 0800 231 5199. Cambridge Water Co -v- Eastern Counties Leather Plc Court: House Of Lords Date: December 9 1992 Coram: Sir Stephen Brown P. Mann and Nolan L.JJ. Cambridge Water Company v Eastern Counties Leather plc’ is a landmark case. In nuisance, liability is strict in that the defendant can be liable even if he has taken reasonable care, but this is kept "under control" by the principle that a defendant is not liable for actions a reasonable user takes on his land. [19], Peter Kutner, a professor of law at the University of Oklahoma, argues that there is a significant ambiguity in Goff's judgment. ; Lively, R.S. Existing subscriber? The document also included supporting commentary from author Craig Purshouse. It was also significant in implying that Rylands was not an independent tort, something later concluded in the Transco case. [1], The case was again appealed, this time to the House of Lords, where it was heard by Lord Templeman, Lord Goff, Lord Jauncey, Lord Lowry and Lord Woolf. To set a reading intention, click through to any list item, and look for the panel on the left hand side: Was the storage of chemicals a natural use? These spills collected in the chalk underlying Sawston until groundwater swept them into the Cambridge Water Company's borehole. The judgment was given by Lord Goff on 9 December 1993, and reinstated the decision of Kennedy J in the High Court of Justice; unlike the Court of Appeal decision, it directly addressed the issue of Rylands v Fletcher. This content requires a Croner-i subscription. [1], Rylands v Fletcher contained the principle 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 at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape", with a requirement that this use of land be "non-natural". No Subscription? Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264 Goff: non-natural = non- ? Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary. Applying the case of Hughes v Lord Advocate, Kennedy found that the harm was not reasonably foreseeable, and both actions under nuisance and negligence must fail. Newark in 1949, in which Newark called the decision in Rylands "a simple case of nuisance" rather than a revolutionary doctrine that established strict liability outside nuisance. It spilt small quantities of solvents to the nearby area where the claimant’s water company operated and supplied local residents with water. Due to unforeseen seepage, the defendant’s chemicals contaminated the claimant’s borehole (which was over a mile away). Cases brought under Rylands v Fletcher now have a requirement that the harm was foreseeable, but it was not defined whether or not it was sufficient that it be foreseeable that harm could occur, or that it be foreseeable that the use of land is "non-natural", that the substance be capable of doing "mischief", and all the other requirements of Rylands. [15], Goff's judgment made several significant and immediate changes to the law. 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