A claim against North West Water Ltd and Preston Borough Council for damages for nuisance has been re-instated by the Court of Appeal.
The claim was struck out in September last year by Mr Recorder Grime, in the Salford Technology and Construction Court, on the basis that it had no realistic prospect of success.
However, allowing an appeal by Miss Kim Munn, the owner of the shop, Lord Justice Mantell said he was unable to agree with the judges conclusion that a claim could not succeed.
The claim centres on premises at 84 Acregate, Preston, which Miss Munn bought in 1990. She claims that the main drain, which runs under the road, backed up on four occasions between 1991 and 1992, flooding the basement with raw effluent to a depth of 6ft and causing the loss of equipment and food stuffs. She had to close the business in 1992 after a fall off in trade, allegedly once locals caught wind of the problem.
Miss Munns counsel, James Bonney QC, argued that the judge had been wrong in holding that an action in nuisance could not succeed on the basis that damage was not caused by the defendants.
He said the claimants evidence amounted to an assertion of repeated floodings, and there was further evidence as to general problems with drainage in the area.
Munn v North West Water Ltd and another Court of Appeal (Ward and Mantell LJJ) 18 July 2000
Jonathan Foster QC (instructed by Napthen Houghton Craven, of Preston) appeared for the appellant; Digby Jess (instructed by Forbes & Partners, of Blackburn) appeared for the respondents.
PLS News 18/7/00
