Bybrook Barn Garden Centre has won its Appeal Court challenge against a High Court decision in November last year that Kent County Council were not liable for damage caused by extensive flooding of Bybrook’s premises in Ashford, Kent.
In a test case action that could have a major bearing on other claims throughout the country following the recent widespread flooding, Kent County Council have been ordered to pay more than £120,000 damages to Bybrook after a culvert overflowed in 1996.
In what he described was “an important case”, Waller LJ said today that the case was one where a private landowner suffered damage from flooding caused by a culvert built by and under the control of the highway authority.
“The highway authority had the means of preventing the flooding by enlarging the culvert at some cost, but basically without great difficulty,” he said, and in the circumstances he considered that they were liable.
“It is not a case where it would be right to conduct a general inquiry as to the budget available to the highway authority or as to its backlog,” he added.
The decision is one that will have major implications for council highway authorities throughout the country and will expose them to damages claims if they do not take action to prevent similar circumstances of flooding.
However, the case may not end here. The council have indicated that because of the wide implications of todays ruling, they are planning to seek leave to appeal to the House of Lords, and until they gets a decision from the Law Lords on whether they will entertain such an appeal, any damages resulting from todays ruling will be put on legal hold.
Bybrook Barn Centre Ltd and others v Kent County Council Court of Appeal (Peter Gibson and Schiemann LJJ, and Maurice Kay J) 1 December 2000.
Howard Palmer QC and Neil Moody (instructed by Williams Davies Meltzer) appeared for the appellant; James Dingemans (instructed by the solicitor to Kent County Council) appeared for the respondents.
PLS News 1/12/00
