Tate & Lyle Food & Distribution Ltd. v. Greater London Council and anr. - Court of Appeal (Cumming-Bruce, Dunn and Oliver L.JJ.) - 28 May 1982

Position of jetty operator where operations affected by siltation caused by construction of works downsteam

Tate & Lyle used under licence two jetties adjacent to their refinery at Silvertown for the loading of vessels with refined sugar. About 1,000 yards downstream from Tate & Lyle’s refinery was a ferry operated by the Greater London Council (GLC). Between 1964 and 1966 the GLC, with Port of London Authority approval, constructed new ferry terminals, and during that period substantial siltation became apparent at the Tate & Lyle jetties. In order to ensure that the jetties did not become inaccessible, it was essential to dredge beyond the main shipping channel. Tate & Lyle asked the GLC to pay the costs of such dredging but the GLC refused. Tate & Lyle obtained permission from the Port of London Authority (PLA) to carry out the necessary dredging themselves and now sought to recover their costs. At first instance, the judge held that damages were recoverable from the GLC and PLA. The GLC and PLA appealed to the Court of Appeal.