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England and Wales Case Law

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Tort law

Hall v Environment Agency

The High Court held that the Water Resources Act 1991 compensation scheme did not exclude a negligence claim over flood damage caused during culvert works.

  • Negligence
  • Jurisdiction
  • Exclusive statutory remedy
  • Flood damage
  • Water resources act 1991
  • Statutory-compensation
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Tort law [2017] EWHC 1309 (TCC)

Hall v Environment Agency

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

The High Court held that a negligence claim over flooding damage could proceed, finding the Water Resources Act 1991 compensation scheme was not exclusive on these facts.

  • Negligence
  • Statutory remedies
  • Jurisdiction
  • Flood damage
  • Exclusionary principle
  • Statutory-compensation
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Construction law [2014] EWHC 43 (TCC)

199 Knightsbridge Development Ltd v WSP UK Ltd

199 Knightsbridge Development Ltd v WSP UK Ltd [2014] EWHC 43 (TCC) (28 February 2014)

Professional negligence claim over flooding at 199 Knightsbridge failed on causation, despite the court finding WSP should have foreseen surge risks in the water system.

  • Duty of care
  • Standard of care
  • Causation
  • Liability of engineers
  • Building services design
  • Flood damage
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Tort law [2013] EWCA Civ 950

Vernon Knight Associates v Cornwall Council

Vernon Knight Associates v Cornwall Council [2013] EWCA Civ 950 (30 July 2013)

The Court of Appeal upheld liability against Cornwall Council for flood damage caused by blocked roadside drains, finding the council failed to apply reasonable maintenance measures.

  • Measured duty
  • Flood damage
  • Negligence
  • Natural nuisance
  • Highway authority liability
  • Highway-authority-liability
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Property law [2002] EWHC 477 (TCC)

Freemans Plc v Park Street Properties (Lincoln) Ltd. & Ors

Freemans Plc v Park Street Properties (Lincoln) Ltd. & Ors [2002] EWHC 477 (TCC) (26 March 2002)

High Court decision on flooding damage from a blocked railway culvert, considering statutory maintenance duties, contractual arrangements, and nuisance liability.

  • Statutory easements
  • Nuisance
  • Liability for drainage works
  • Contractual indemnity
  • Maintenance obligations
  • Flood damage
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Tort law [2002] EWCA Civ 9

Baxall Securities Ltd. & Anor v Sheard Walshaw Partnership & Ors

Baxall Securities Ltd. & Anor v Sheard Walshaw Partnership & Ors [2002] EWCA Civ 9 (22 January 2002)

Court of Appeal held architects were not liable for flood damage caused by a roof gutter defect that competent surveyors should have discovered.

  • Latent defects
  • Duty of care
  • Causation
  • Architects' liability
  • Surveyors' duties
  • Flood damage
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.