Source: All England Reporter
Publisher Citation: [2010] All ER (D) 113 (Jun)
Neutral Citation: [2010] EWCA Civ 681
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony May P, Longmore and Moore-Bick LJJ
Representation 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.
Judgment Dates: 16 June 2010

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary