THE HOUSE MAKER (PADGATE) LIMITED v NETWORK RAIL INFRASTRUCTURE

THE HOUSE MAKER (PADGATE) LIMITED v NETWORK RAIL INFRASTRUCTURE

The defendant breached its measured duty of care by failing to address the drainage and flooding issues promptly after being put on notice, causing the claimant to suffer loss of development profit. Budgetary constraints and internal priorities do not excuse the delay. Statutory authority under s.122 of the Railways Act 1993 does not provide a defence as the defendant did not exercise reasonable diligence to prevent the nuisance.

Parties
Claimant: The House Maker (Padgate) Limited; Defendant: Network Rail Infrastructure
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for damages established; quantum to be determined after further submissions.
Legal Topics
Measured Duty of Care, Statutory Authority, Remedial Works, Damages, Planning Permission, Flooding, Drainage
Tort Property Nuisance Negligence Measured Duty of Care Statutory Authority Remedial Works Damages +3 more

Case Brief

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Parties

The House Maker (Padgate) Limited

Claimant

Network Rail Infrastructure

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant owed and breached a duty of care in nuisance and/or negligence to the claimant regarding drainage under its land
  2. 2 Whether the defendant's statutory authority under section 122 of the Railways Act 1993 provides a defence
  3. 3 Whether the claimant suffered recoverable loss as a result of the defendant's actions or inactions

Ratio Decidendi

The defendant breached its measured duty of care by failing to address the drainage and flooding issues promptly after being put on notice, causing the claimant to suffer loss of development profit. Budgetary constraints and internal priorities do not excuse the delay. Statutory authority under s.122 of the Railways Act 1993 does not provide a defence as the defendant did not exercise reasonable diligence to prevent the nuisance.

Court Disposition

Claim for damages established; quantum to be determined after further submissions.

Orders

  • Claimant entitled to damages for nuisance and breach of duty of care.
  • Further submissions invited on precise quantification of damages, including construction costs and drainage survey costs.