||All England Reporter
|| All ER (D) 113 (Jun)
|| EWCA Civ 681
||Court of Appeal, Civil Division
Sir Anthony May P, Longmore and Moore-Bick LJJ
||Jeffrey Terry (instructed by Berrymans Lace Mawer) for the claimants.
||Wilson Horne (instructed by Freece Cartwright) for the first defendant.
||Sebastian Clegg (instructed by Forbes Solicitors) for the authority.
||16 June 2010
Nuisance - Creation of nuisance - Flooding - Second defendant local authority selling former school playing field for housing development - First defendant developing on lower part of field - Flooding occurring to adjacent gardens - Claimants commencing proceedings against defendants in nuisance and negligence - Judge finding defendants liable - Judge finding second defendant in breach of measured duty of care in failing to abate nuisance - Whether judge failing properly to address scope of any measured duty of care authority having.
Nuisance Creation of nuisance. Where the judge found the second defendant local authority liable for breach of a measured duty to take reasonable steps to abate a nuisance comprised in water flooding from its land to cause damage on the claimants' land, the Court of Appeal, Civil Division, found that that conclusion had been erroneous since it had materially overstated the scope of the authority's measured duty on the facts of the instant case.
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