Northumbrian Water Ltd v McAlpine Ltd [2014] EWCA Civ 685 (20 May 2014)

Northumbrian Water Ltd v McAlpine Ltd [2014] EWCA Civ 685 (20 May 2014)

Liability in nuisance and negligence requires foreseeability of harm; the escape of concrete and resulting damage to the sewer were not foreseeable, so the respondent is not liable.

Citation
[2014] EWCA Civ 685
Parties
Claimant/appellant: Northumbrian Water Limited; Defendant/respondent: Sir Robert McAlpine Limited
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Nuisance, Negligence, Foreseeability, Rylands V Fletcher, Physical Damage to Property
Tort Law Nuisance Negligence Foreseeability Rylands V Fletcher Physical Damage to Property

Case Brief

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Parties

Northumbrian Water Limited

Claimant/appellant

Sir Robert McAlpine Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent was negligent in failing to identify a disused drain leading to the public sewer
  2. 2 Whether the escape of concrete constituted actionable nuisance
  3. 3 Whether liability in nuisance requires foreseeability of harm

Ratio Decidendi

Liability in nuisance and negligence requires foreseeability of harm; the escape of concrete and resulting damage to the sewer were not foreseeable, so the respondent is not liable.

Court Disposition

Appeal dismissed

Orders

  • No liability found in negligence or nuisance
  • No damages awarded