Cattle trespass

[7] Since its inception, cattle trespass appears to have been a tort of strict liability, and so the defendant is liable irrespective of whether or not they were negligent or otherwise at fault.

In terms of its historical development, cattle trespass belongs in the same broad of group of strict liability torts for failure to control as Rylands v Fletcher [1868] UKHL 1.

Whilst the House of Lords chose to preserve the strict liability elements of the rule in Rylands v Fletcher in Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, they also limited claims to damage to property.

Had cattle trespass remained a separate tort under English law at the time, it seems reasonable to infer it would also have been so limited.

In refusing to abolish the strict liability elements of the tort, the House of Lords declined to follow the position taken by the High Court of Australia in Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 and abolish the strict liability test.