Lambert & Ors v Barratt Homes Ltd (Manchester Division) & Anor [2009] EWHC 744 (QB) (17 February 2009)

Lambert & Ors v Barratt Homes Ltd (Manchester Division) & Anor [2009] EWHC 744 (QB) (17 February 2009)

Barratt was negligent and liable in nuisance for constructing a boundary fence that obstructed the natural water path, causing foreseeable flooding to claimants' properties. Rochdale, after becoming aware of the flooding, owed and breached a measured duty of care by failing to abate the nuisance. Barratt is not entitled to indemnity from Rochdale under the sale agreement as it was or ought to have been aware of the drainage path and the indemnity does not cover its own negligence.

Citation
[2009] EWHC 744
Parties
Claimant: William Thomas Lambert & Elaine Lambert; Claimant: Simon France; Claimant: Julie Kelly & James Gareth Griffiths; First Defendant: Barratt Homes Limited (Manchester Division); Second Defendant: Rochdale Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
17 February 2009
Procedural Posture
Civil / Liability and Causation Trial (split Trial)
Outcome
Judgment for the claimants against both defendants on liability; Barratt's indemnity claim against Rochdale dismissed.
Legal Topics
Nuisance, Negligence, Measured Duty of Care, Flooding, Land Drainage, Indemnity, Easements
Tort Property Construction Nuisance Negligence Measured Duty of Care Flooding Land Drainage +2 more

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Parties

William Thomas Lambert & Elaine Lambert

Claimant

Simon France

Claimant

Julie Kelly & James Gareth Griffiths

Claimant

Barratt Homes Limited (Manchester Division)

First Defendant

Rochdale Metropolitan Borough Council

Second Defendant

Procedural Posture

Civil / Liability and Causation Trial (split Trial)

Legal Issues

  1. 1 Whether Barratt Homes Limited is liable in nuisance and negligence for flooding caused to Springfield Road properties after development
  2. 2 Whether Rochdale Metropolitan Borough Council is liable under a measured duty of care for failing to abate the nuisance after becoming aware of the flooding
  3. 3 Whether Barratt is entitled to indemnity from Rochdale under the sale agreement

Ratio Decidendi

Barratt was negligent and liable in nuisance for constructing a boundary fence that obstructed the natural water path, causing foreseeable flooding to claimants' properties. Rochdale, after becoming aware of the flooding, owed and breached a measured duty of care by failing to abate the nuisance. Barratt is not entitled to indemnity from Rochdale under the sale agreement as it was or ought to have been aware of the drainage path and the indemnity does not cover its own negligence.

Court Disposition

Judgment for the claimants against both defendants on liability; Barratt's indemnity claim against Rochdale dismissed.

Orders

  • Damages and injunctive relief to be determined at a subsequent hearing.
  • Directions for future management of the case to be given at a telephone hearing.