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we flooded neighbours advice please...
Comments
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Have a look in your Home Insurance Policy, most include free legal advice via a phone call0
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blueskies10 wrote: »I am in Scotland not England does this still apply?
Probably not
http://en.wikipedia.org/wiki/Rylands_v_Fletcher#Scotland
the principle in Scotland was that "negligence is still the ground of liability.
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Lord Fraser, as part of his judgment, stated that the idea of strict liability that was brought into play by Rylands was not a part of Scots law, and the idea that it ever had been valid was "a heresy that ought to be extirpated0 -
There's no negligence here so you have no liability. As for the neighbour suing you personally, that's what your liability to others section covers ( usually occupiers liability in the contents section) , so should you receive something from the courts, just pass it to them, that's what you pay them for. Rylands is such a tricky piece of case law when it comes to domestic cases. Any solicitor would have to have a pretty good barrister behind them before throwing that around.
The moral issue of how if you want to help is a different matter. Moral and legal are 2 different entities.0
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