Natural justice
Natural justice
- 2001
- Estates Gazette (0119) 12 May 2001, 138(1) .
Gives details of cases that have dealt with claims against neighbouring landowners arising out of damage from natural causes. Notes that the courts' findings in these cases indicate that a landowner can be held responsible for dangers arising naturally on his land. In addition, liability for creating a nuisance depends on how forseeable the damage was. Considers in detail the latest decision in this area by CA in "Bybrook Barn Centre Ltd v Kent County Council". In this the court found a highway authority liable for natural flooding.
LANDOWNERS
LIABILITY
FLOODING
BYBROOK BARN CENTRE LTD V KENT CC
RADSTOCK CO-OPERATIVE AND INDUSTRIAL SOCIETY V NORTON-RADSTOCK URBAN DC
GREENOCK CORPORATION V CALEDONIAN RAILWAY CO
Gives details of cases that have dealt with claims against neighbouring landowners arising out of damage from natural causes. Notes that the courts' findings in these cases indicate that a landowner can be held responsible for dangers arising naturally on his land. In addition, liability for creating a nuisance depends on how forseeable the damage was. Considers in detail the latest decision in this area by CA in "Bybrook Barn Centre Ltd v Kent County Council". In this the court found a highway authority liable for natural flooding.
LANDOWNERS
LIABILITY
FLOODING
BYBROOK BARN CENTRE LTD V KENT CC
RADSTOCK CO-OPERATIVE AND INDUSTRIAL SOCIETY V NORTON-RADSTOCK URBAN DC
GREENOCK CORPORATION V CALEDONIAN RAILWAY CO