A Fritton farm owner has failed in his challenge to the High Court’s rejection of his damages claim against Lord Somerleyton and others in respect of the flooding of his farm.
The Court of Appeal has ruled that the High Court judge was correct to hold that Lord Somerleyton and the trustees of the Somerleyton estate had not breached their duty of care to John Green.
Dismissing Green’s appeal, Jonathan Parker J said that if the trustees had jointly attempted to clear the watercourses, the risk of water flooding onto the nearby Priory Marshes could have been substantially reduced.
However, he added that Green could not complain of any failure to initiate such efforts to clear the watercourses when he himself had not attempted to instigate a joint effort to do so.
Green v Lord Somerleyton and others Court of Appeal (Schiemann and Jonathan Parker LJJ and Sir Christopher Staughton) 28 February 2003.
Caroline Hutton (instructed by Hobbs & Durrant, of Great Yarmouth) appeared for the appellant; Nicholas Caddick (instructed by Nicholsons, of Lowestoft) appeared for the respondents.
References: PLS News 3/3/03
