LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors

Mr Stephen Bickford-Smith, instructed by Beachcroft Wansbroughs, for the Claimants Mr Andrew McGee, instructed by Gordons, for the First Defendants ____________________

It is not entirely clear in that last paragraph what is meant by "the occupier" but I accept Mr McGee's submission that that was probably intended to be a reference to the prospective claimant, namely the occupier of the adjoining land, rather than the occupier who allows the dangerous thing to escape from his land.

I note that Johnson was also apparently omitted from the authorities referred to in

�NOVA Chemicals' modified EPS contains a specially formulated flame retardant. If ignited, properly aged foam products moulded exclusively from these modified beads in accordance with good manufacturing practices and without the use of additional additives or lubricants will, once the source of ignition is completely eliminated, stop burning sooner than if this specially formulated additive had not been incorporated in these beads."

A few pages further on there was the warning that "foam products should not be continuously exposed to temperatures in excess of 175 o F (79 o C) �" The Guide also warned that "the principal safety hazard associated with NOVA Chemicals' EPS is fire; EPS is flammable".