Visit UKSCJCPC/2024/0031
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NEGLIGENCE
Rubis Bahamas Ltd (Appellant) v Lillian Antionette Russell (Respondent) (The Bahamas)
Contents
Case summary
Case ID
JCPC/2024/0031
Parties
Appellant(s)
Rubis Bahamas Ltd
Respondent(s)
Lillian Antionette Russell
Issue
(1) Can claims for unliquidated damages exceeding $4,000 give rise to appeals to the JCPC as of right under section 23(1) of the Bahamas Court of Appeal Act (the “CA Act”)? (2) Does the rule in Rylands v Fletcher impose strict liability on a landowner and lessor who neither occupies the land, nor owns or controls the dangerous thing? (3) Is the storage of fuel underground a “non-natural use of land” for the purposes of the rule in Rylands v Fletcher?
Facts
In approximately 2012/13, a leak occurred from underground fuel tanks at a service station in Nassau (the “2012/13 Leak”). The service station was owned by the appellant, Rubis, but had been leased to a third party called Fiorente Management and Investment Limited (“Fiorente”). The respondent, Ms Russell, lived on a property adjacent to the service station at the time of the 2012/13 Leak.
Date of issue
22 April 2024
Oral permission hearing panel
Justices
Directions hearing panel
Justices
Case management hearing panel
Justices
Appeal
Hearing dates and panels are subject to change
Justices
Hearing dates
Full hearing
Start date
30 October 2025
End date
30 October 2025
Half hearing
Start date
31 October 2025
End date
31 October 2025
Additional hearing panel
Justices
Watch hearings
30 October 2025 - Morning session
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