Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 (16 June 2010)

Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 (16 June 2010)

Rochdale Metropolitan Borough Council was not under a duty to carry out and pay for the relief works to abate the flooding nuisance, as the primary cause was Barratt's obstruction of the drainage. The measured duty of care required only cooperation and facilitation, not financial responsibility for the works. The...

Source-derived case information.

Citation
[2010] EWCA Civ 681
Parties
Claimants/respondents: Lambert and Ors; First Defendant/appellant: Barratt Homes Limited; Second Defendant/appellant: Rochdale Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
16 June 2010
Procedural Posture
Civil Appeal / Appeal From Technology and Construction Court (tcc) Judgment on Liability
Outcome
Appeal allowed; trial judge's finding of liability against Rochdale set aside; claim against Rochdale not formally dismissed but remitted for possible further determination consistent with this judgment.
Legal Topics
Measured Duty of Care, Liability for Nuisance, Flooding, Landowner Responsibilities, Scope of Duty in Nuisance, Remedies for Nuisance
Tort Law Nuisance Property Law Measured Duty of Care Liability for Nuisance Flooding Landowner Responsibilities Scope of Duty in Nuisance +1 more

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Summary, issues, holding and outcome

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Parties

Lambert and Ors

Claimants/respondents

Barratt Homes Limited

First Defendant/appellant

Rochdale Metropolitan Borough Council

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Technology and Construction Court (tcc) Judgment on Liability

Legal Issues

  1. 1 Whether Rochdale Metropolitan Borough Council owed a measured duty of care to abate a nuisance caused by flooding originating from their land after Barratt Homes negligently blocked a drainage ditch and culvert.
  2. 2 Whether the scope of Rochdale's duty extended to carrying out and paying for relief works to prevent flooding.
  3. 3 Whether Rochdale was liable in nuisance for the concentrated flow of water due to artificial drainage features.

Ratio Decidendi

Rochdale Metropolitan Borough Council was not under a duty to carry out and pay for the relief works to abate the flooding nuisance, as the primary cause was Barratt's obstruction of the drainage. The measured duty of care required only cooperation and facilitation, not financial responsibility for the works. The trial judge erred in extending Rochdale's duty beyond what was fair, just, and reasonable in the circumstances.

Court Disposition

Appeal allowed; trial judge's finding of liability against Rochdale set aside; claim against Rochdale not formally dismissed but remitted for possible further determination consistent with this judgment.

Orders

  • Appeal by Rochdale allowed.
  • Claim against Rochdale not formally dismissed but remitted for further determination if necessary.