Bybrook Barn Garden Centre Ltd and others v Kent CC
Bybrook Barn Garden Centre Ltd and others v Kent CC
- 2000
- Estates Gazette [2000] 20 EG 158-165(8) .
QBD 5 November 1999. The claimant, B, owned a garden centre which was bounded by a stream on the southern and western sides. The stream flowed under an adjoining public highway through a culvert constructed by K's statutory predecessor authority. In August 1996 the garden centre was flooded, causing extensive damage to the premises and the stock. The claimants brought proceedings seeking damages for nuisance and negligence based on the principles of law governing the rights and duties of an adjacent landowner. "Held" judgment for the defendants - they were not liable in nuisance or negligence.
BYBROOK BARN GARDEN CENTRE LTD AND OTHERS V KENT CC
NUISANCE
FLOODING
FLOOD DAMAGE
CULVERT
QBD 5 November 1999. The claimant, B, owned a garden centre which was bounded by a stream on the southern and western sides. The stream flowed under an adjoining public highway through a culvert constructed by K's statutory predecessor authority. In August 1996 the garden centre was flooded, causing extensive damage to the premises and the stock. The claimants brought proceedings seeking damages for nuisance and negligence based on the principles of law governing the rights and duties of an adjacent landowner. "Held" judgment for the defendants - they were not liable in nuisance or negligence.
BYBROOK BARN GARDEN CENTRE LTD AND OTHERS V KENT CC
NUISANCE
FLOODING
FLOOD DAMAGE
CULVERT