Hall v Environment Agency [2017] EWHC 1309 (TCC) (31 May 2017)

Hall v Environment Agency [2017] EWHC 1309 (TCC) (31 May 2017)

The statutory compensation scheme under the Water Resources Act 1991 does not provide an exclusive remedy for the damage caused in this case, as the flooding was not an inevitable or intended consequence of the authorised works but resulted from negligent conduct outside the scope of the statutory powers. Therefore, the claim for negligence is not precluded and may proceed in court.

Citation
[2017] EWHC 1309 (TCC)
Parties
Claimant: Anthony Hall; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
31 May 2017
Procedural Posture
Application to Strike Out Claim / Judgment on Application
Outcome
Application to strike out dismissed
Legal Topics
Negligence, Statutory Remedies, Jurisdiction, Flood Damage, Exclusionary Principle
Tort Law Statutory Compensation Public Law Negligence Statutory Remedies Jurisdiction Flood Damage Exclusionary Principle

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Parties

Anthony Hall

Claimant

Environment Agency

Defendant

Procedural Posture

Application to Strike Out Claim / Judgment on Application

Legal Issues

  1. 1 Whether the statutory compensation scheme under Water Resources Act 1991 provides an exclusive remedy and precludes a common law action for negligence
  2. 2 Whether the claim falls within exceptions to the exclusionary principle as outlined in Marriage v East Norfolk Rivers Catchment Board

Ratio Decidendi

The statutory compensation scheme under the Water Resources Act 1991 does not provide an exclusive remedy for the damage caused in this case, as the flooding was not an inevitable or intended consequence of the authorised works but resulted from negligent conduct outside the scope of the statutory powers. Therefore, the claim for negligence is not precluded and may proceed in court.

Court Disposition

Application to strike out dismissed

Orders

  • Claim may proceed in court