“…Second and similarly to the first aspect, in paragraph 61, referring to Blue Circle Industries [1999] Ch 289, Etherton MR noted that Aldous LJ there said that damage occurred if there was some alteration in the physical characteristics of the land which rendered it le…”
“…ions in support of the appeal, Mr Hart referred us to Rust v Victoria Graving Dock Company (1887) 36 Ch D 113, Blue Circle Industries Plc v Ministry of Defence [1999] Ch 289 and West Leigh Colliery Company Limited v Tunnicliffe & Hampson Limited [1908] AC 27. Those cases turned on their own particular facts, some concerning the non…”