| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 71 (Aug) |
| Neutral Citation: | [2003] EWHC 1690 (QB) |
| Court: | Queens Bench Division |
| Judge: | Royce J |
| Representation | Gordon Wignall (instructed by Hugh James, Merthyr Tydfil) for the claimant. |
| Paul Darling QC (instructed by DLA, Sheffield) for the first defendant. | |
| Howard Palmer QC (instructed by Dolmans, Cardiff) for the second defendant. | |
| Judgment Dates: | 16 July 2003 |
Catchwords
Nuisance - Private nuisance - Public authority - Damage to property - Flooding of private residences - Liability.
The Case
The court determined that a council and the coal board had not been liable in nuisance to claimants whose properties had been flooded as a result of the infilling of land by the council using the resources of the coal board on the grounds that it was trite law that the council as an occupier of land was entitled in law to prevent floodwaters from a river coming onto its land.
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