A long-running dispute over the collapse of a disused railway embankment near Hollow End Tower Block, Stockport, is now heading for the House of Lords.
Permission has been given for BG Transco plc to challenge a Court of Appeal ruling that cleared Stockport Council of any liability for damage caused by the partial collapse of the embankment in September 1992.
In last Februarys decision, the Appeal judges overturned a July 1999 ruling by Judge Howarth at Salford Technology and Construction Court.
In the 1999 ruling, Judge Howarth upheld claims by Transco and Reddish Vale Golf Club that the council were liable for remedial work to a high-pressure gas main owned by Transco, which was exposed following the collapse, and for repairs to Reddish golf course made necessary by the collapse. He awarded the golf club £142,357, but deferred the assessment of damages in respect of the claim by Transco.
However, in the Court of Appeal, Schiemann LJ said that the liability alleged did not arise where the owner was lawfully using his land for the supply of electricity, gas or water.
This decision will be reviewed by the House of Lords later this year, following a recent decision by Lords Bingham, Hope and Scott to give the green light for Transco to appeal. No date has yet been fixed for the House of Lords appeal.
BG Transco plc and another v Stockport Metropolitan Borough Council
PLS News 28/1/02
