Trespass to Land CASES

Lady justice next to law books

Southport Corp v Esso Petroleum Co Ltd [1954] EWCA Civ 5

An oil tanker's master discharged 400 tons of oil to save the ship and crew after it grounded. The oil polluted Southport's foreshore. The corporation's claim in trespass and nuisance failed as the damage was consequential, not direct. Facts The defendants’, Esso Petroleum Co Ltd, oil tanker ‘Inverpool’ developed a steering fault while in the Ribble estuary and ran aground on a sandbank. The weather conditions were poor and there was a danger of the vessel breaking her back. To save the vessel and the lives of the crew, the master discharged approximately 400 tons of fuel oil. This oil

Lady justice next to law books

Monsato plc v Tilly [1999] EWCA Civ 3044

Monsanto plc sought an injunction to stop protesters from damaging their genetically modified crops. The protesters claimed the defence of necessity, arguing they acted to prevent environmental harm. The court rejected this defence and upheld the injunction, finding lawful protest alternatives existed. Facts The claimant, Monsanto plc, was a company involved in the research and development of genetically modified (GM) crops. They were conducting trial plantings of GM oil seed rape and maize at various farm sites in the UK under licence from the government. The defendants were environmental protesters who were opposed to the development and use of GM