Holybeck Hall Hotel v Scarborough BC [2000] 2 All ER 705 

Court: Court of Appeal 

Basic Facts: A hotel on a cliff was destroyed due to erosion. The local council had been warned of the risk but did not foresee the extent of the damage that eventually occurred. 

Issue for the Court: When is an occupier liable to a neighbor for a natural event causing property damage? 

Held: D was not liable to Cs in nuisance as the extent of damage was more than what D could have reasonably foreseen. The court held that an occupier is liable if they knew or should have known about a foreseeable risk and failed to act. However, in this case, the council had acted reasonably based on the knowledge available at the time, so they were not fully liable for the unforeseen extent of the damage. 

Key Issues: 

  • Occupier's Liability: Liability for natural events depends on whether the risk was foreseeable and whether reasonable steps were taken to mitigate it. 

  • Reasonableness in Prevention: Emphasized a measured duty of care where liability is limited to what could reasonably be expected to prevent the damage. 

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Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468

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Hill v Chief Constable of West Yorkshire [1989] AC 53