Tort Law

Nuisance cases

Sedleigh-Denfield v O’Callaghan [1940] AC 880

Key Point

• An occupier is liable if he continues adopts the nuisance created by a third party

Facts

• D’s land was a ditch, in which a trespasser (the local council) laid a pipe with an ill-placed grating designed to keep out leaves
• During a heavy thunderstorm, an accumulation of leaves at the grating blocked the pipe and caused C’s land to be flooded
• For nearly three years before the flooding, D’s servant was responsible for clearing the ditch and was aware of the risk of flooding

Issue

• Was D liable for the flooding despite not laying the pipe and grating that caused it?