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Riparian ownership

25 May 2018 / Joseph Ollech
Issue: 7794 / Categories: Features , Property
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Joe Ollech reports on flooding & flood management

  • Where does the responsibility of flood defences lie?
  • EA control coupled with local obligations.

We have recently enjoyed the warmest early May bank holiday on record, the previous high having been set in 1995. Concerns about global warming are well known, and although the UK may not share the most extreme events that are predicted to emerge, nevertheless, it is fair to say that over the past decade there have been increasing signs of shifts in the weather patterns that may become more or less regular features of a larger climatic shift.

A particularly obvious aspect of this has been the incidence of several large-scale winter flood events in recent years. Readers will recall the wet winters that have particularly affected areas such as Gloucestershire (2007), the Somerset Levels, (2013–14), Yorkshire, Scotland and Northern Ireland (2015–16), Lancashire (2017) and elsewhere.

Responsibility

In many cases flooding results from rivers or watercourses overflowing their banks, and the question of where responsibility rests for flood defence is often an

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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