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Transco v Stockport MBC (2003)
Created by 121.1.18.237 on 3 November 2009, at 15:22
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[2003] 3 WLR 1467. The claimants gas pipes were damages when water escaped from pipework maintained by the defendant local authority. Although it was conceded that the defendants were not at fault, the claimants invoked the Strict liability principle of the RuleInRylandsVFletcher. The claimants failed, but not because the rule was no longer good law, but because it was inapplicable on the present facts. The House of lords held that a useful guide to whether the rule would apply was whether the damages was something that the claimant could reasonably be expected to insure against. In this case it was.
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