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No smoke without fire

By: Series: Estates Gazette ; (0326) 28 June 2003, 177(1)Publication details: 2003Subject(s): Summary: 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.
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Journal article London Journal article ABS66928 (Browse shelf(Opens below)) 1 Available 123004-1001

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.