Proprietary interest

Mckenna and others v British Aluminium Ltd (Ch D TLR 25 April)

A person who wished to bring a claim under the rule in Rylands v Fletcher had to have a proprietary interest in the land affected. Some of the 30-odd claimants in the present case did not have any interest in the land alleged to be affected by the defendants’ emissions. However, because the claimants had an arguable case that the common law should be extended in the light of the Human Rights Act 1998, the defendants’ application to strike out was dismissed.