Baddeley & Anor v Barker [2003] EWCA Civ 742 (7 May 2003)

The trial judge erred by dismissing the claim without hearing oral evidence or considering whether the defendant's actions (or inaction) prior to November 2000 constituted a failure to abate the nuisance, and by failing to address the burden of proof regarding whether reasonable steps were taken. The appeal was allowed and the matter remitted for rehearing.

Citation: [2003] EWCA Civ 742
Parties: Claimant/appellant: Stuart Baddeley; Claimant/appellant: Margaret Allman; Defendant/respondent: I E Barker
Jurisdiction: England and Wales
Judgment Date: 07 May 2003
Procedural Posture: Civil Appeal / Appeal From County Court Judgment
Outcome: Appeal allowed; matter remitted for rehearing
Legal Topics: Private Nuisance, Negligence, Land Drainage, Remedies for Nuisance, Burden of Proof, Case Management, Summary Judgment

Tort Law Property Law Private Nuisance Negligence Land Drainage Remedies for Nuisance Burden of Proof Case Management +1 more

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Parties

Stuart Baddeley

Claimant/appellant

Margaret Allman

Claimant/appellant

I E Barker

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

1 Whether the defendant was liable in nuisance or negligence for flooding of the claimants' property
2 Whether the defendant took reasonable steps to abate the nuisance
3 Whether the trial judge erred by dismissing the claim without hearing oral evidence

Ratio Decidendi

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

Matter remitted to County Court for rehearing with direction that an early case management conference be arranged
Respondent to pay costs here and below and before Douglas Brown J, to be assessed if not agreed