TRANSCO PLC
V.
STOCKPORT METROPOLITAN BOROUGH COUNCIL

(2003) JELR 80160 (HL)    
House of Lords  ·  19 Nov 2003 ·  United Kingdom
 · 
Other Citations
[2003] UKHL 61, [2003] NPC 143, [2003] 3 WLR 1467, [2004] 1 P & CR DG12, [2004] 1 All ER 589, [2004] 2 AC 1, [2004] Env LR 24, [2003] 48 EGCS 127, 91 Con LR 28
CORAM
Lord Bingham of Cornhill Lord Hoffmann Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Walker of Gestingthorpe
Core Terms Beta
fletcher
water
blackburn j
strict liability
co ltd
occupier of land
house of lords
lord goff of chieveley
cambridge water co v
lords
boundaries of nuisance
court of exchequer chamber
domestic use
legal liability
lord hoffmann
present case
water industry act
adjudication of that case
anomalous ground of liability
capacity of this pipe
case of damage
cause of action
civil liability
course of his excellent argument
expressions of opinion
facts of the case
friend lord hoffmann of the facts
general jones property ltd
given case
inevitable result
inundation of mr fletcher
law of tort
little help
lord cairns lc
mains pressure
multi-storey block of flats
natural beauty
natural user condition
new principle of law
onward distribution of the water
part of the council
principles of ordinary negligence
quantity of water
rainham chemical works ltd v
reservoir dams burst
respondent council
risk of escape of water
rule of law
such blocks

BINGHAM OF CORNHILL(reading the leading judgment)

My Lords,In this appeal the House is called upon to review the scope and application, in modern conditions, of the rule of law laid down by the Court of Exchequer Chamber, affirmed by the House of Lords, in Rylands v. Fletcher (1866) LR 1 Exch 265; (1868) LR 3 HL 330.

I need not repeat the summary given by my noble and learned friend Lord Hoffmann of the facts giving rise to the dispute between the parties to this appeal. The salient facts appear to me to be these. As a multi-storey block of flats built by a local authority and let to local residents, Hollow End Towers was typical of very many such blocks throughout the country. It had been built by the respondent council. The block was supplied with water for the domestic use of those living there, as statute has long required. Water was carried to the block by the statutory undertaker, from whose main the pipe central to these proceedings led to tanks in the basement of the block for o…

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