Northumbrian Water Ltd v Sir Robert McAlpine Ltd

Northumbrian Water Ltd v Sir Robert McAlpine Ltd

The claims in negligence and nuisance fail because the existence of the private drain was not reasonably foreseeable, SRM took reasonable care in its investigations and piling operations, and strict liability under Rylands v Fletcher was not pleaded or satisfied. NWL did not fail to mitigate its loss.

Parties
Claimant: Northumbrian Water Limited; Defendant: Sir Robert McAlpine Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2013
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Negligence, Nuisance, Mitigation of Loss, Rylands V Fletcher, Foreseeability
Tort Construction Law Negligence Nuisance Mitigation of Loss Rylands V Fletcher Foreseeability

Case Brief

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Parties

Northumbrian Water Limited

Claimant

Sir Robert McAlpine Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the concrete found in the Newgate Street sewer was the same as poured by May Gurney on 23 January 2008
  2. 2 Whether the defendant was negligent in its site investigations and piling operations
  3. 3 Whether the defendant is liable in nuisance for the escape of concrete

Ratio Decidendi

The claims in negligence and nuisance fail because the existence of the private drain was not reasonably foreseeable, SRM took reasonable care in its investigations and piling operations, and strict liability under Rylands v Fletcher was not pleaded or satisfied. NWL did not fail to mitigate its loss.

Court Disposition

Claim dismissed