Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents), (2003)

Status: [2003] UKHL 61

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Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents), (2003)

HOUSE OF LORDS

SESSION 2002-03

[2003] UKHL 61

on appeal from: [2001] EWCA Civ 212

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Transco plc (formerly BG plc and BG Transco plc) (Appellants)

Stockport Metropolitan Borough Council (Respondents)

WEDNESDAY 19 NOVEMBER 2003

The Appellate Committee comprised:

Lord Bingham of Cornhill

Lord Hoffmann

Lord Hobhouse of Woodborough

Lord Scott of Foscote

Lord Walker of Gestingthorpe

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Transco plc (formerly BG plc and BG Transco plc) (Appellants) v. Stockport Metropolitan Borough Council (Respondents)

[2003] UKHL 61

LORD BINGHAM OF CORNHILL

My Lords,

1. In this appeal the House is called upon to review the scope and application, in modern conditions, of the rule of law laid down by the Court of Exchequer Chamber, affirmed by the House of Lords, in Rylands v Fletcher (1866) LR 1 Exch 265; (1868) LR 3 HL 330.

2. I need not repeat the summary given by my noble and learned friend Lord Hoffmann of the facts giving rise to the dispute between the parties to this appeal. The salient facts appear to me to be these. As a multi-storey block of flats built by a local authority and let to local residents, Hollow End T...

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