Welcome to the thirty-fifth edition of Clyde & Co's
(Re)insurance and litigation caselaw weekly updates for 2012.
These updates are aimed at keeping you up to speed and informed
of the latest developments in caselaw relevant to your
practice.
This week's caselaw
STANNARD v GORE
The Rylands v Fletcher principle and whether a special rule
exists in fire cases - of possible interest to liability
insurers
http://www.bailii.org/ew/cases/EWCA/Civ/2012/1248.html
The case of Rylands v Fletcher established the
principle that where a person, for his own purposes, brings onto
his land something likely to do mischief if it escapes, he will be
strictly liable for the natural consequences of its escape, if it
does escape. The issue in this case was how the principle applies
to cases where damage is caused by the "escape" of fire.
In this case, a fire on the defendant's premises was fed by the
ignition of a stack of tyres on his land and then spread to the
neighbouring