Rylands v Fletcher Private nuisance requires the claimant to have an interest in land, while "Rylands" does not; although exceptions to this rule have occasionally been made in private nuisance, in "Hunter v Canary Wharf Ltd", the House of Lords ruled that to make exceptions would transform nuisance from a tort against land to a tort against the person, and should not be permitted. John Murphy, Professor of Common Law at the University of Manchester, agrees with Nolan, and makes the additional point that nuisance is focused on a loss of enjoyment to land, not physical damage as "Rylands" is. It has also
Rylands v Fletcher the "thing", and where there is statutory authority for the accumulation. The principles of "Rylands v Fletcher" were initially applied in Scots law, first in the case of "Mackintosh v Mackintosh", where a fire spreading from the defendant's land to the claimant's land caused property damage. Scots lawyers and judges applied "Rylands" differently from their English counterparts, however. While the rule is interpreted in England and Wales as being distinct from negligence and the rules of duty of care and liability applied there, the principle in Scotland was that "negligence is still the ground of liability. The only difference is