Abstracts » Construction and materials industries

Contamination of land

Article Abstract:

A House of Lords ruling in the case of Cambridge Water Co. v Eastern Counties Leather indicates that liability for the pollution of adjoining land can only be established if the defendant knew, or should have foreseen, that potentially polluting substances might, if they were to escape, cause damage to neighbouring land. It was deemed that the Rylands v Fletcher rule, under which pollution of adjoining land was regarded as a liability offence without proof of fault, only applies a general rule of strict liability where there is a claim for damages resulting from an isolated escape.

Toxic torts

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A handy little friend to know

Article Abstract:

Knowledge of the Romalpa clause is valuable to a supplier who has not received payment from a purchaser before the purchaser becomes bankrupt. This clause, named after a case involving Romalpa Aluminium, allows the supplier to claim ownership of the goods and to have their claim take precedence over other those of other creditors. There are three tests of the validity of a Romalpa claim. The goods must be capable of separation from other goods, they should have a clear retention of title by the supplier, and the supplier must have placed a fiduciary obligation on the buyer.

Interpretation and construction, Bankruptcy law

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Keep out of harm's way

Article Abstract:

When attempting to establish guilt under the terms of the Health and Safety at Work Act, it has been necessary to establish an individual's rather than corporate guilt. The Law Commission's recommendation that 'corporate killing' should become an offence is discussed.

Criminal liability of juristic persons, Juristic persons criminal liability

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