LMS International Ltd and anor v Styrene Packing and Insulation Ltd and anor
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 2065 (TCC), unreported. Following a fire at the defendant's (S) factory, the court had to decide liability under the rule of Rylands and Fletcher. The fire had spread to an adjoining building and caused considerable damage. L claimed to damage to machinery and business interruption, whilst their co-claimants the landlords, claimed for building reinstatement costs and loss of rent. Although S claimed that is was negligent, the court decided that it was regardless of the Rylands rule. "Held": the fire was associated with hot wire cutting machinery, and S had bought into it's premises flammable material. S had not taken proper fire precautions and had not trained it's staff, the fire had not been dealt with swiftly. The landlords for S were liable for failing to provide proper support to the party wall during remedial works after the fire.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 131440-2001 |
[2005] EWHC 2065 (TCC), unreported. Following a fire at the defendant's (S) factory, the court had to decide liability under the rule of Rylands and Fletcher. The fire had spread to an adjoining building and caused considerable damage. L claimed to damage to machinery and business interruption, whilst their co-claimants the landlords, claimed for building reinstatement costs and loss of rent. Although S claimed that is was negligent, the court decided that it was regardless of the Rylands rule. "Held": the fire was associated with hot wire cutting machinery, and S had bought into it's premises flammable material. S had not taken proper fire precautions and had not trained it's staff, the fire had not been dealt with swiftly. The landlords for S were liable for failing to provide proper support to the party wall during remedial works after the fire.