Cambridge Water Co Ltd v Eastern Counties Leather plc

Liability under Rylands v Fletcher and in nuisance requires that the type of damage was reasonably foreseeable.

Citation
[1994] 2 AC 264
Court
House of Lords
Year
1994
Subject
Tort Law
Topic
Nuisance and Rylands v Fletcher

Facts

Eastern Counties Leather, a tannery, used a chemical solvent, perchloroethene, in its business. Over many years, small spillages of the solvent seeped into the ground beneath the tannery and travelled through the rock to a borehole about 1.3 miles away, from which Cambridge Water extracted water. The water became contaminated, and could no longer be used for drinking under new EU rules. At the time of the spillages, it was not foreseeable that the solvent would cause this kind of damage.

Legal principle

The House of Lords held that the tannery was not liable. Lord Goff said that foreseeability of damage of the relevant type is a prerequisite of liability in damages for nuisance, and also under the rule in Rylands v Fletcher, which he described as an extension of the law of nuisance to isolated escapes. The tannery could not reasonably have foreseen that the spillages would cause the contamination. He also said that the storage of substantial quantities of chemicals on industrial premises was an almost classic case of non natural use.

Related cases on nuisance and Rylands v Fletcher

Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions