Green v Lord Somerleyton & Ors [2003] EWCA Civ 198 (28 February 2003)

Green v Lord Somerleyton & Ors [2003] EWCA Civ 198 (28 February 2003)

The Trustees have an easement to drain water from Scale Marshes, including water naturally emanating from Fritton Lake, onto Priory Marshes. No Leakey duty arises in relation to the natural flow of water, and the exempting proviso in the 1958 Drainage Deed excludes liability for the 1993 flooding. The claim in...

Source-derived case information.

Citation
[2003] EWCA Civ 198
Parties
Claimant/appellant: John Green; Defendant/respondent: The Right Honourable Lord Somerleyton; Defendant/respondent: Sir Nicholas Bacon; Defendant/respondent: Mr Thomas Davies
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Easements, Nuisance, Drainage Rights, Natural Hazards, Implied Easements, Lost Modern Grant, Duty of Care
Property Law Tort Law Easements Nuisance Drainage Rights Natural Hazards Implied Easements Lost Modern Grant +1 more

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Summary, issues, holding and outcome

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Parties

John Green

Claimant/appellant

The Right Honourable Lord Somerleyton

Defendant/respondent

Sir Nicholas Bacon

Defendant/respondent

Mr Thomas Davies

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Trustees have an easement to drain water from Scale Marshes (including water from Fritton Lake) onto Priory Marshes
  2. 2 Whether the Trustees are liable in nuisance for flooding caused by water from Fritton Lake
  3. 3 Whether a Leakey duty arises in relation to naturally flowing water

Ratio Decidendi

The Trustees have an easement to drain water from Scale Marshes, including water naturally emanating from Fritton Lake, onto Priory Marshes. No Leakey duty arises in relation to the natural flow of water, and the exempting proviso in the 1958 Drainage Deed excludes liability for the 1993 flooding. The claim in nuisance fails as the flooding resulted from natural drainage and not from actionable interference or breach of duty.

Court Disposition

Appeal dismissed

Orders

  • Declaration granted to Trustees confirming easement of drainage from Scale Marshes (including water from Fritton Lake) onto Priory Marshes
  • Claim for nuisance and damages dismissed