Peter Coulson Q.C. View on Westlaw or start a FREE TRIAL today, Transco Plc v. Stockport Metropolitan Borough Council [2003] UKHL 61 (19 November 2003), PrimarySources 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 took steps to repair the damage. JA.024. The document also included supporting … Okpabi V Royal Dutch Shell plc (Rev 1). Transco plc v. Stockport Borough Council (2003), 315 N.R. Jump to navigation Jump to search. Key Concepts: Terms in this set (22) The Nature of 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. Gravity. The orthodox view is that the rule in Rylands v Fletcher is a special sub-category of private nuisance and not a … The Transco main argument was that the Council was liable without proof of negligence under the Rule in Rylands -v- Fletcher. Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61 is an important English tort law case, concerning the rule in Rylands v. Fletcher. Talk:Transco plc v Stockport Metropolitan BC. 123 (HL) MLB headnote and full text. 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] 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 plc. Appeal from – Transco plc and Another v Stockport Metropolitan Borough Council CA 1-Mar-2001 A water pipe serving housing passed through an embankment. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! The Appellate Committee comprised: Lord Bingham of Cornhill. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. The costs of the works required to restore support and cover the pipe was £93,681.00. Transco sued the Council. The ground beneath the gas pipe had washed away when the council’s water pipe leaked. Transco sued the Council. The water collected at an embankment which housed the claimant’s high pressure gas main. STUDY. Transco plc v Stockport MBC [2004] 2 AC 1 Case summary last updated at 19/01/2020 18:02 by the Oxbridge Notes in-house law team. This pipe lied under the railway next to the gas pipe of the claimant. 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. Judgments - Transco plc (formerly BG plc and BG Transco plc) (Appellants) v Stockport Metropolitan Borough Council (Respondents) (back to preceding text) 20. The Judge at first instance ordered Stockport to pay Transco damages. Transco took steps to repair the damage. The possibility of a fracture in the unsupported gas pipe was obviously hazardous and Transco quickly took steps to repair the damage. Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61 is an important English tort law case, concerning the rule in Rylands v. Fletcher.. Facts. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Transco plc v Stockport MBC: lt;p|> ||||Transco plc v Stockport Metropolitan Borough Council|| [2003] Rylands v. Fletcher|. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Council not liable; quantities of water not dangerous or unnatural. Do you have a 2:1 degree or higher? The 11-storey tower built in the 1950's by Stockport MBC's predecessor was not in itself an unusual use of land. o The defendant was not liable. The full judgment can be read here. Some judges do not like it: Transco plc V Stockport, 2003. o “a mouse of a rule” – Lord Hoffman. View all articles and reports associated with Transco plc v Stockport MBC [2003] UKHL 61 The court held that the council was not liable for the damage as the council’s use was a natural use of the land. [1], Burnie Port Authority v. General Jones Pty, Transco plc v. Stockport Metropolitan Borough Council (2003) UKHL 61, https://en.wikipedia.org/w/index.php?title=Transco_plc_v_Stockport_Metropolitan_BC&oldid=916536563, Creative Commons Attribution-ShareAlike License, This page was last edited on 19 September 2019, at 11:34. Transco plc v Stockport MBC [2004] 2 AC 1. In Transco plc v Stockport MBC, Lord Hoffmann affirmed that the standing rules are analogous to private nuisance (i.e. 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] Free resources to assist you with your legal studies! This caused a grave risk which necessitated immediate remedial work, which was costly. The pipe broke, and the escaping water led to the collapse of the bank to the expense of the applicants. Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. 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