Warning over rising number of flood claims
A “flood” of claims could be lodged against landowners, water companies and land drainage authorities warns Ely Place barrister Clifford Darton, writing in NLJ. However, they could have a task on their hands, as there is no strict liability for surface water flooding and a variety of statutory and common law impediments to establishing liability. Case law shows there is no general obligation on landowners to prevent the natural flow of water onto lower land.