The House Maker (Padgate) Ltd v Network Rail Infrastructure [2022] EWHC 1482 (TCC) (05 April 2022)

The House Maker (Padgate) Ltd v Network Rail Infrastructure [2022] EWHC 1482 (TCC) (05 April 2022)

The defendant owed a measured duty of care to the claimant to remedy the collapsed drain causing flooding and nuisance. The defendant breached this duty by failing to act promptly despite knowledge of the hazard and repeated notifications. The breach prevented the claimant from complying with planning conditions and commencing development, resulting in recoverable loss. The statutory defence under section 122 Railways Act 1993 did not apply as the defendant's actions were not protected by statutory immunity in these circumstances.

Citation
[2022] EWHC 1482 (TCC)
Parties
Claimant: The House Maker (Padgate) Limited; Defendant: Network Rail Infrastructure
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Tort Nuisance/negligence / Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Nuisance, Negligence, Measured Duty of Care, Damages, Planning Permission, Drainage, Statutory Defence
Tort Property Construction Nuisance Negligence Measured Duty of Care Damages Planning Permission +2 more

Case Brief

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Parties

The House Maker (Padgate) Limited

Claimant

Network Rail Infrastructure

Defendant

Procedural Posture

Tort Nuisance/negligence / Trial Judgment

Legal Issues

  1. 1 Whether the defendant owed and breached a duty of care in nuisance/negligence regarding drainage under its land
  2. 2 Whether the claimant suffered recoverable loss due to the defendant's delay in remedying the drainage issue
  3. 3 Whether section 122 of the Railways Act 1993 provides a statutory defence

Ratio Decidendi

The defendant owed a measured duty of care to the claimant to remedy the collapsed drain causing flooding and nuisance. The defendant breached this duty by failing to act promptly despite knowledge of the hazard and repeated notifications. The breach prevented the claimant from complying with planning conditions and commencing development, resulting in recoverable loss. The statutory defence under section 122 Railways Act 1993 did not apply as the defendant's actions were not protected by statutory immunity in these circumstances.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay damages to claimant for lost profit and drainage survey costs
  • Defendant liable for costs