No smoke without fire
Murdoch, J.
No smoke without fire - 2003 - Estates Gazette (0326) 28 June 2003, 177(1) .
Considers "Johnson v B J W Property Developments Ltd" ([2002] EWHC 1131, [2003] 3 All ER 574) concerning liability for damage caused by the escape of fire from a property. The defendant's (J) reliance on the statutory defence contained within the Fires Prevention (Metropolis) Act 1774 s86 that a property owner was not liable for a fire which had begun accidentally was rejected on the grounds that the escape of fire was not accidental but was due to negligence by a contractor. J was found to be vicariously liable for the damage caused by the escape of fire to the property. A landowner is not liable for the accidental damage by fire but a contractor's negligence means that such as escape is not accidental.
CLIENTS' LIABILITIES
JOHNSON V B J W PROPERTY DEVELOPMENT LTD
FIRES PREVENTION METROPOLIS ACT 1774
STRICT LIABILITY
LIABILITY IN TORT
NEGLIGENCE
ACCIDENTS
VICARIOUS LIABILITY
No smoke without fire - 2003 - Estates Gazette (0326) 28 June 2003, 177(1) .
Considers "Johnson v B J W Property Developments Ltd" ([2002] EWHC 1131, [2003] 3 All ER 574) concerning liability for damage caused by the escape of fire from a property. The defendant's (J) reliance on the statutory defence contained within the Fires Prevention (Metropolis) Act 1774 s86 that a property owner was not liable for a fire which had begun accidentally was rejected on the grounds that the escape of fire was not accidental but was due to negligence by a contractor. J was found to be vicariously liable for the damage caused by the escape of fire to the property. A landowner is not liable for the accidental damage by fire but a contractor's negligence means that such as escape is not accidental.
CLIENTS' LIABILITIES
JOHNSON V B J W PROPERTY DEVELOPMENT LTD
FIRES PREVENTION METROPOLIS ACT 1774
STRICT LIABILITY
LIABILITY IN TORT
NEGLIGENCE
ACCIDENTS
VICARIOUS LIABILITY