transco plc v stockport mbc

Transco plc (British Gas come commercial) had sued the council for repairs of £93,681.55 underneath one of its pipes in Brinnington. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. Their Lordships protected the rule in Rylands v. Fletcher but within strict confines. The Court of Appeal in this case held that insofar as those statements related to public nuisance (as opposed to private nuisance) they should be treated as obiter and non-binding. kieron_spoors. The rule in Rylands v Flecther has limits and it is not possible to apply it to a burst pipe on council property. Appeal from – Transco plc v Stockport Metropolitan Borough Council HL (House of Lords, [2003] UKHL 61, Bailii, Times 20-Nov-03, [2004] 1 ALL ER 589, 91 Con LR 28, [2004] 2 AC 1, [2004] Env LR 24, [2004] 1 P and CR DG12, [2003] 3 WLR 1467, [2003] 48 EGCS 127, [2003] NPC 143) The claimant laid a large gas main through an embankment. Transco plc (formerly BG plc and BG Transco plc) (appellants) v. Stockport Metropolitan Borough Council (respondents) (2003 UKHL 61) Indexed As: Transco plc v. Stockport Metropolitan Borough Council. TBEd. The Lords held that because the quantities of water from an ordinary pipe is not dangerous or unnatural in the course of things, the council was not liable. The Claimant was the owner of a gas pipe which passed under the surface of an old railway between Stockport and Denton. Transco plc v Stockport MBC [2003] UKHL 61 Construction Focus. Temp. In that time the water had been leaking considerably (as the pipe was large) and had saturated at the embankment where the Claimant’s gas pipe was. This pipe lied under the railway next to the gas pipe of the claimant. Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61 is an important English tort law case, concerning the rule in Rylands v. Fletcher. Flashcards. 765 5 Cushing v Walker & Son [1941] 2 All E.R. The water collected at an embankment which housed the claimant’s high pressure gas main. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. WEDNESDAY 19 NOVEMBER 2003. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Peter Coulson Q.C. The Judge at first instance ordered Stockport to pay Transco damages. o Sometimes claims are brought in the alternative as here. Some judges do not like it: Transco plc V Stockport, 2003. o “a mouse of a rule” – Lord Hoffman. Appeal from – Transco plc v Stockport Metropolitan Borough Council HL (House of Lords, [2003] UKHL 61, Bailii, Times 20-Nov-03, [2004] 1 ALL ER 589, 91 Con LR 28, [2004] 2 AC 1, [2004] Env LR 24, [2004] 1 P and CR DG12, [2003] 3 WLR 1467, [2003] 48 EGCS 127, [2003] NPC 143) The claimant laid a large gas main through an embankment. Unlike the Australian High Court, whose abolition of the doctrine in Burnie Port Authority v. General Jones Pty (1994) 179 CLR 520 was given severe doubt, their Lordships stated their purpose, to retain the rule, while insisting upon its essential nature and purpose; and to restate it so as to achieve as much certainty and clarity as is attainable, recognising that new factual situations are bound to arise posing difficult questions on the boundary of the rule, wherever that is drawn. Lord Hobhouse of Woodborough. The Hunter rule of standing – C, whose use and enjoyment of the land is affected by D’s interference, must have either a proprietary or possessory interest (amounting to a right of exclusive possession) in the land. Transco plc v Stockport MBC. Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents) ON WEDNESDAY 19 NOVEMBER 2003 The Appellate Committee comprised: Lord Bingham of Cornhill Lord Hoffmann Lord Hobhouse of Woodborough Lord Scott of Foscote Lord Walker of Gestingthorpe HOUSE OF LORDS OPINIONS OF THE LORDS OF … Lord Hoffmann, however, remarked on the irony that had the pipe belonged to a ‘water undertaker’ s.209 Water Industry Act 1991 creates strict liability unless (with further irony) the loss is to a Gas Act 1986 company. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. PLAY. Take a look at some weird laws from around the world! The full judgment can be read here. View all articles and reports associated with Transco plc v Stockport MBC [2003] UKHL 61 The Transco main argument was that the Council was liable without proof of negligence under the Rule in Rylands -v- Fletcher. 1 Transco Plc v Stockport MBC [2004] 2 A.C. 1 at para 59, per Lord Hobhouse 2 Transco Plc v Stockport MBC and Nugent v Smith (1876) 1 C.P.D. The House of Lords in Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, [2003] 3 WLR 1467 has dismissed an appeal from the decision of the Court of Appeal (on which see our June 2001 issue, pp.7–8) and held that the defendant local authority was not liable to the claimants under the rule in Rylands v Fletcher (1866) LR 1 Exch 265; (1868) LR 3 HL 330. The document also included supporting … The water which leaks from this pipe causes the railway embankment to collapse, as it does this it exposes a gas mane which incurs cost causes the railway embankment to collapse, as it does this it Transco sued the Council. o The defendant was not liable. Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. 123 (HL) MLB headnote and full text. Reference this o Rylands v Fletcher: Who can sue? Judgement for the case Transco plc v Stockport MBC. Trail v Baring [1864] Transco v Stockport MBC [2004] Tremain v Pike [1969] Trevor Ivory Ltd v Anderson [1992, New Zealand] Trim v North Dorset District Council [2011] TSB Bank v Camfield [1995] Tse Kwong Lam v Wong Chit Sen [1983] Tuberville v Savage [1669] Tulk v Moxhay (1848) Turton v Kerslake [2000, New Zealand] Tweddle v Atkinson [1861] Company Registration No: 4964706. 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