header-logo header-logo

05 March 2014 / Clifford Darton
Issue: 7597 / Categories: Opinion
printer mail-detail

In deep water

web_darton

Clifford Darton provides a guide to the rising tide of flooding claims

When the recent floodwaters finally recede, landowners, water (sewerage) companies and land drainage authorities (such as the Environment Agency) could all soon find themselves the subject of claims by those who own or insure flood damaged properties. Unfortunately for these claimants, the task facing them is far more difficult than they often suppose.

There is no such thing as strict liability when it comes to surface water flooding and there are various statutory and common law impediments to establishing liability against each of these three potential defendants. If the rule in Rylands v Fletcher [1861-73] All ER Rep 1 is not now dead for all purposes then it certainly has no application to this area of law.

Landowners & riparian owners

Landowners are under no general obligation to prevent the natural flow of water onto lower land for the reasons recently restated in Arscott v Coal Authority [2003] EWHC 1690 (QB). Likewise, riparian owners (landowners whose properties abut or include a watercourse)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott—Alexia Haines & Kelsey Wells

Clarke Willmott strengthens Birmingham private client team with double appointment

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll