'Time and Tide ...' [2017] EWCH 62 (TCC)

Oldcorn v Southern Water [2016] EWHC 15 (Ch)


Judgment has now been handed down in the case of Oldcorn v Southern Water following a 6 day trial in the TCC of a subrogated claim for damages arising out of the 2012 floods in West Sussex.  Dismissing the claim in its entirety HHJ McKenna found that the Claimants were unable to establish causation because of a number of failings in their hydraulic modelling.  Acknowledging that the Claimants’ expert was one of the “foremost modellers in the country” the Judge nevertheless found that under cross-examination “…many of his answers were indeed discursive and argumentative.”  


The trial was widely seen as a test case for other claims airing out of the 2012 floods and saw the Claimants represented by leading counsel. 


Clifford Darton and Paul Powlesland represented the successful Defendant instructed by Mr. Dean Orgill and Mr. Michael Mulcare of Mayo Wynne Baxter and by Mr. Robin Churchill, Miss Katherine Leppard and Mrs Kelly Young of Southern Water.