Does Claimant have a sufficient interest in the land affected?
[[Yes->Is the gist of the claim damage to an interest in land?]]
[[No->No liability (Hunter)]]Is the gist of the claim damage to an interest in land?
[[No->No liability (Hunter)]]
[[Yes->Is the Defendant's use of land ultra-hazardous and has there been an isolated escape of something dangerous?]]No liability (//Hunter//)Is the Defendant's use of land ultra-hazardous and has there been an isolated escape of something dangerous?
[[Yes->Was damage reasonably foreseeable?]]
[[No->Is the interference with the Claimant's land/interest in land unreasonable?]]Was damage reasonably foreseeable?
[[Yes->No liability (Rylands v Fletcher)]]
[[No->No liability (Rylands v Fletcher, Cambridge Water)]]Is the interference with the Claimant's land/interest in land unreasonable?
Extent/Duration: (//Andrae//)
Time of Day: (//Halsey//)
Motivation: (//Hollywood, Christie//)
Foreseeability: (//Morris//)
Locality: (//St Helens, Coventry//) (Only relevant where damage is intangible)
[[Yes->Is there a valid defence available?]]
[[No->No liability]]No liability (//Rylands v Fletcher//)No liability (//Rylands v Fletcher, Cambridge Water//)Is there a valid defence available?
[[Yes->No liability]]
[[No->Liability in nuisance]]No liabilityLiability in nuisance
Should the court grant an injunction or award damages in lieu? (//Coventry, Shelfer//)