Harooni & Anor v Rustins Ltd

Harooni & Anor v Rustins Ltd

Claimants failed to prove on balance of probabilities that the fire in Federal's warehouse was caused by escape of fire from Rustins' warehouse. The evidence established that the fire reached Federal via NTC B or Magicwell before Rustins was alight. Even if Rustins' storage was a non-natural use, causation was not established. The absence of a fire alarm was not causative nor required by law.

Parties
Claimant: Farzad Harooni; Claimant: Federal Motors Manufacturers Limited; Defendant: Rustins Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2011
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed; judgment for defendant.
Legal Topics
Rylands V Fletcher, Negligence, Fire Damage, Causation
Tort Rylands V Fletcher Negligence Fire Damage Causation

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Parties

Farzad Harooni

Claimant

Federal Motors Manufacturers Limited

Claimant

Rustins Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the fire that destroyed Federal Motors Manufacturers Limited's warehouse was caused by the escape of fire from Rustins Limited's warehouse under Rylands v Fletcher or negligence
  2. 2 Whether Rustins Limited's storage of flammable materials constituted a non-natural use of land
  3. 3 Whether the absence of a fire alarm in Rustins Limited's warehouse amounted to negligence

Ratio Decidendi

Claimants failed to prove on balance of probabilities that the fire in Federal's warehouse was caused by escape of fire from Rustins' warehouse. The evidence established that the fire reached Federal via NTC B or Magicwell before Rustins was alight. Even if Rustins' storage was a non-natural use, causation was not established. The absence of a fire alarm was not causative nor required by law.

Court Disposition

Claim dismissed; judgment for defendant.