Wheels On Fire: A Cautionary Tale Of Nuisance

Rylands v Fletcher1is one of the most iconic judgments ever to have been handed down by an English court. It established the principle that a person who brings something onto his land which is likely to do mischief if it escapes, keeps it at his peril and will be strictly liable for any damage caused by the thing's escape. In Stannard (t/A Wyvern Tyres) v Gore2, the Court of Appeal has given helpful guidance on the application of the Rylands v Fletcher rule to cases involving the escape of fire. Property and liability insurers will be pleased to note that it applies only in very restricted circumstances.

The background

Mr Stannard ran a business supplying and fitting tyres and stored around 3,000 of them on his land. An electrical fire broke out, which ignited the tyres. The fire spread rapidly, destroying neighbouring premises owned by Mr Gore. Mr Gore brought a claim in negligence and in strict liability.

The first instance decision

At first instance, the negligence claim was dismissed; there was no evidence that Mr Stannard had been negligent in...