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Spread of fire held not to trigger liability under rule in Rylands v Fletcher
In Stannard (t/a Wyvern Tyres) v Gore [2012] EWCA Civ 1248, [2012] All ER (D) 44 (Oct) the Court of Appeal held that the spread of a fire from the defendant’s tyre-fitting business did not fall within the scope of the rule in Rylands v..
Online Published Date:
21 November 2012
Appeared in issue:
Vol 29 No 10 - 21 November 2012
No submission to the jurisdiction of adjudicator
In Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC), [2012] All ER (D) 181 (Sep) His Honour Judge Behrens, sitting as a Deputy Judge of the High Court, held that the defendants had not agreed to submit to the jurisdiction of..
Online Published Date:
21 November 2012
Appeared in issue:
Vol 29 No 10 - 21 November 2012
‘Deemed’ ownership protected by declaration
In Alstom Power Ltd v SOMI Impianti SRL [2012] EWHC 2644 (TCC), [2012] All ER (D) 74 (Oct) Mr Justice Akenhead held that the claimants were entitled to a declaration that ‘all appliances and things of whatsoever nature’ required for the..
Online Published Date:
21 November 2012
Appeared in issue:
Vol 29 No 10 - 21 November 2012
Breach of natural justice prevents adjudicator from recovering his fees
In PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371, [2012] All ER (D) 283 (Oct) the Court of Appeal allowed an appeal from the decision of Mr Justice Akenhead (on which see our November 2011 issue, pp4–7) and..
Online Published Date:
21 November 2012
Appeared in issue:
Vol 29 No 10 - 21 November 2012