Liability insurance

The rule in Rylands v Fletcher

On 19 November 2003, in Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, the House of Lords considered whether the rule in the 19th century case of Rylands v Fletcher should be abolished. Under the rule, a person who, in making a ‘non natural’ use of its land, brings onto it and keeps there anything ‘likely to do mischief if it escapes’, is strictly liable for the natural consequences of its escape. The judgment is considered by Aidan Thomson, Partner, Environment Group, Barlow Lyde & Gilbert.