“In deep water: a guide to the rising tide of flooding claims” – NLJ article by Clifford Darton
Clifford Darton’s article on the law relating to flooding claims has been published in this week’s New Law Journal.
The article considers the limited extent to which landowners, land drainage authorities and water companies have a duty of care to prevent flooding under the principles set out in Leakey v. National Trust (1980) QB 485 and the legal authorities which restrict or exclude this duty. It provides a timely reminder that as a consequence of the more recent decision in Marcic v. Thames Water Utilities Ltd (2003) UKHL 66 and quite ancient cases such as R v Pagham, Sussex Sewers Comr (1828) 8 B&C 355 it is not enough to show that the defendant’s acts or omissions caused your client’s property to flood.
A copy of the article may be found on the New Law Journal website.