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Cambridge Water Co Ltd v Eastern Counties Leather plc

Language: English Series: Weekly Law Reports ; 1994 2 WLR 53-84(17)Publication details: 1994Subject(s): Summary: HL 9 December 1993. The defendants (E) were leather manufacturers who used a chlorinated solvent in their processes. E`s tannery was situated 1.3 miles from the plaintiff`s (C) borehole from which water was taken for domestic use. The water in the borehole became unfit for use due to solvent seeping into the ground below E`s premises from where it was conveyed to the borehole. C brought an action for damages on the grounds of negligence, nuisance and the rule in "Rylands v Fletcher". The action in negligence and nuisance was dimissed as E could not have foreseen that such damage would occur and in the third grounds because the solvent constituted a natural use of their land. C appealed on the grounds that a parallel rule to "Rylands v Fletcher" held that nuisance was an interference with a natural right incidental to ownership. HL held this to be incorrect in upholding E`s appeal on the grounds that pollution was not forseeable.
Holdings
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Law report London Journal article ABS50060 (Browse shelf(Opens below)) 1 Available 73924-1001

HL 9 December 1993. The defendants (E) were leather manufacturers who used a chlorinated solvent in their processes. E`s tannery was situated 1.3 miles from the plaintiff`s (C) borehole from which water was taken for domestic use. The water in the borehole became unfit for use due to solvent seeping into the ground below E`s premises from where it was conveyed to the borehole. C brought an action for damages on the grounds of negligence, nuisance and the rule in "Rylands v Fletcher". The action in negligence and nuisance was dimissed as E could not have foreseen that such damage would occur and in the third grounds because the solvent constituted a natural use of their land. C appealed on the grounds that a parallel rule to "Rylands v Fletcher" held that nuisance was an interference with a natural right incidental to ownership. HL held this to be incorrect in upholding E`s appeal on the grounds that pollution was not forseeable.