Robert Lindley Limited v East Riding of Yorkshire Council

Robert Lindley Limited v East Riding of Yorkshire Council

The pumping of water at Burton Fleming was an exercise of the Council's power under s.14A(9)(g) Land Drainage Act 1991; the EA was assisting the Council and the injury to the claimant was caused by the exercise of the Council's statutory powers; compensation is payable.

Parties
Claimant: Robert Lindley Limited; Compensating Authority: East Riding of Yorkshire Council
Jurisdiction
England and Wales
Judgment Date
11 January 2016
Procedural Posture
Compensation Claim Under Land Drainage Act 1991 / Final Judgment
Outcome
Claim succeeds; compensation awarded.
Legal Topics
Flood Risk Management, Statutory Compensation, Agency Liability, Nuisance, Land Drainage
Compensation Law Administrative Law Tort Law Flood Risk Management Statutory Compensation Agency Liability Nuisance Land Drainage

Case Brief

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Parties

Robert Lindley Limited

Claimant

East Riding of Yorkshire Council

Compensating Authority

Procedural Posture

Compensation Claim Under Land Drainage Act 1991 / Final Judgment

Legal Issues

  1. 1 Whether the Council was acting under s.14A Land Drainage Act 1991 when the loss occurred
  2. 2 Whether the Environment Agency and Fire Service acted as agents of the Council
  3. 3 Whether the pumping constituted flood risk management work under s.14A

Ratio Decidendi

The pumping of water at Burton Fleming was an exercise of the Council's power under s.14A(9)(g) Land Drainage Act 1991; the EA was assisting the Council and the injury to the claimant was caused by the exercise of the Council's statutory powers; compensation is payable.

Court Disposition

Claim succeeds; compensation awarded.

Orders

  • The Company is entitled to compensation in the agreed sum of £14,500 together with interest.
  • Parties may make submissions on costs.