Vernon Knight Associates v Cornwall Council

Vernon Knight Associates v Cornwall Council

The council owed a measured duty to take reasonable steps to prevent foreseeable flood damage to neighbouring property. The system in place was adequate, but on the two occasions in question, the council's operative failed without good reason to follow normal practice and attend the hotspot, resulting in preventable flood damage. The trial judge did not apply too high a standard of care and properly considered all relevant circumstances. The council was therefore liable.

Parties
Claimant/respondent: Vernon Knight Associates; Defendant/appellant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
30 July 2013
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed; trial judgment upheld.
Legal Topics
Measured Duty of Care, Flood Damage Liability, Highway Authority Responsibilities, Natural Nuisance, Standard of Care, Liability for Non Feasance
Tort Law Nuisance Negligence Local Government Law Measured Duty of Care Flood Damage Liability Highway Authority Responsibilities Natural Nuisance +2 more

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Parties

Vernon Knight Associates

Claimant/respondent

Cornwall Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the council owed and breached a measured duty of care to prevent flood damage to neighbouring property caused by natural occurrences
  2. 2 Whether the trial judge applied the correct standard of care in assessing the council's liability
  3. 3 Whether the council's system for flood prevention was adequate and properly implemented on the relevant occasions

Ratio Decidendi

The council owed a measured duty to take reasonable steps to prevent foreseeable flood damage to neighbouring property. The system in place was adequate, but on the two occasions in question, the council's operative failed without good reason to follow normal practice and attend the hotspot, resulting in preventable flood damage. The trial judge did not apply too high a standard of care and properly considered all relevant circumstances. The council was therefore liable.

Court Disposition

Appeal dismissed; trial judgment upheld.

Orders

  • Judgment for the claimant in the sum of £141,625.18
  • Council held liable for flood damage on the two specified occasions