DATE: 01 Jan 2006
The Claimant property owners occupied industrial premises forming parts of a subdivided factory complex. A fire in the premises of the Defendant, which occupied another part of the complex for storage and processing of polystyrene foam for packaging and insulation caused severe damage. The claimants commenced proceedings in the Technology and Construction Court based on negligence, nuisance and Rylands v Fletcher strict liability. The claim succeeded in negligence and under Rylands v Fletcher. The court conducted an extensive review of the circumstances in which Rylands and Fletcherliability may be established.
Stephen Bickford-Smith appeared for the claimants.
