Rubis Bahamas Ltd (Appellant) v Lillian Antoinette Russell (Respondent) (The Bahamas)

Case summary

Case ID

JCPC/2024/0031

Jurisdiction

Bahamas

Parties

Appellant(s)

Rubis Bahamas Ltd

Respondent(s)

Lillian Antionette Russell

Issue

1): Did the courts below find as a fact that the fuel from the 2012 leak migrated to the respondent’s land and contaminated it? (2): Is it a precondition to liability under the rule in Rylands v Fletcher that the defendant be in occupation of the land from which the dangerous thing escapes? (3): Is the storage of fuel underground a "non-natural use of land" for the purposes of the rule in Rylands v Fletcher? (4): Did the Court of Appeal err in its assessment of damages?

Facts

In 2012, the appellant, Rubis Bahamas Limited ("Rubis"), acquired a lease over a petrol service station from Texaco Bahamas Ltd ("Texaco"). Rubis, by a further lease dated 9 November 2012, let the service station to Fiorente Management and Investments Ltd ("Fiorente"). In 1994, there had occurred a leak of fuel from the petrol station into the land of the respondent, Ms Russell, who owned a property adjoining the petrol service station, which resulted in damage to her property. In November 2012, shortly after Rubis had acquired its lease of the petrol station and relet it to Fiorente, there occurred another leak. The respondent brought proceedings against Rubis, alleging that both the 1992 and 2012 leaks caused damage to her property, and that Rubis was liable for that damage. The trial judge found in favour of Ms Russell in relation to both leaks under the rule in Rylands v Fletcher, according to which a person who brings an unusual and dangerous thing onto land and keeps it there is strictly liable for damage that results from its escape, awarding damages in the sum of $692,825. On Rubis's appeal, the Court of Appeal allowed the appeal in part, holding that Rubis was not liable for the 1994 leak, since the correct defendant was Texaco and the claim was in any case time-barred, but that Rubis was liable for the 2012 leak. The Court of Appeal substituted for the trial judge's award of damages a reduced award of $159,450 comprising $25,000 for loss of amenity value, $131,000 for diminution in value of the property and special damages of $3,450. Rubis now appeals to the Judicial Committee of the Privy Council.

Date of issue

22 April 2024

Preliminary Judgment details

Judgment date

18 March 2025

Neutral citation

[2025] UKPC 13

Judgment links

Full Judgment details

Judgment date

13 March 2026

Neutral citation

[2026] UKPC 9

Judgment links

Appeal

Justices

Lord Lloyd-Jones

Lord Briggs

Lord Hamblen

Lord Stephens

Lady Rose

Lord Richards

Lady Simler

Hearing dates

Half hearing

Start date

27 January 2025

End date

27 January 2025

Additional hearing

Start date

14 October 2025

End date

14 October 2025

Watch hearings

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