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GLOSSARY

Rylands v Fletcher definition

Published by a ��ɫ�� Environment expert

What does Rylands v Fletcher mean?

The rule in Rylands v Fletcher creates a strict liability cause of action for foreseeable damage caused by escapes occasioned by non-natural use of land.

There have been a number of attempts to use the rule in respect of contamination, on the basis that where a person who, for his own purposes, brings onto his land and collects and keeps there anything likely to do mischief if it were to escape, and it does escape and the occurrence of damage as a result of the escape was reasonably foreseeable, he will be prima facie liable for the damage which is the natural consequence of its escape. Liability under the rule is strict, and it is no defence that the thing escaped without the defendant's wilful act, default or neglect. Nonetheless it has seldom been successfully applied to ground or water pollution cases.

Environment

The rule in Rylands v Fletcher creates a strict liability cause of action for foreseeable damage caused by escapes occasioned by non-natural use of land.

There have been a number of attempts to use

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View the related practice notes about Rylands v Fletcher

Private nuisance and the rule in Rylands v Fletcher—common law liability for environmental harm

Private nuisanceRelevance of private nuisance in modern lawNotwithstanding the quite complex level of environmental regulation, private nuisance (along with other torts such as negligence and trespass) continues to play an important part in modern environmental law. This is unsurprising in a common law jurisdiction where the judiciary has a central role in the constitution. Also, some environmental issues fall outside the regulatory regimes. For instance, the statutory nuisance regime under Part 3 of the Environmental Protection Act 1990 (EPA 1990) only covers those environmental nuisances listed in EPA 1990, s 79(1) but if the environmental harm has abated there could well remain a justifiable claim in damages for past nuisance which is not available under the statutory environmental protection systems. The tort of private nuisance is also important because recent legislation has, following earlier patterns of legislative reform, continued to adopt the meaning and definition of common law nuisance in for example the Police, Sentencing and Courts Act 2022 (PSCA 2022) but also in the Anti-Social Behaviour Act 2003 and...

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Land contamination—potential liabilities

Land contamination—potential liabilities Types of land contamination liabilities There are several types of liabilities associated with land contamination that are summarised in the table below. Regulatory action Third party liabilities Contractual liabilities Other liabilities Planning regime Private nuisance claims for off-site migration Landlord and tenant obligations Clean-up, investigation and monitoring costs Contaminated land regime Public nuisance claims Indemnities in sale contracts Loss of property value Environmental damage regulations Claims relating to negligent advice Indemnities in corporate and sale and purchase agreements Delay or aborted transactions Water pollution legislation Personal injury claims Remediation agreements Accounting provisions Environmental permitting regime Misrepresentation Insurance disputes Negative publicity Planning regime Most land contamination is addressed voluntarily when land is developed or redeveloped through the planning system. The National Planning Policy Framework sets out the planning policy to manage land contamination risks. Question Answer Who is liable? The developer is responsible for ensuring that a development is safe and that the land is suitable for use, see NPPF, paras 196–198.The Local Planning Authority...

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Letter of claim—nuisance (flood)

Letter of claim—nuisance (flood) [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Introduction [We write further to our letter dated [insert date] OR We write further to your letter dated [insert date]]. [As you know, we OR We] act on behalf of [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time. [Your client should notify their insurer of this claim immediately. We would be grateful...

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Letter of claim—nuisance (chemical contamination)

Letter of claim—nuisance (chemical contamination) [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Introduction [We write further to our letter dated [insert date] OR We write further to your letter dated [insert date]]. [As you know, we OR We] act on behalf of [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter, which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time. [Your client should notify their insurer of this claim immediately. We would be...

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