Kent County Council have applied to the House of Lords in an attempt to ward off liability for flood damage at Ashfords Bybrook Barn Garden Centre.
In December last year the garden centre won an Appeal Court challenge against a High Court decision that Kent County Council were not liable for damage caused by extensive flooding of its premises.
The county council are now seeking to take the case to the House of Lords. Their application for leave to appeal has already been considered in private by Lords Steyn, Millett and Scott.
However, the Law Lords have put the matter on hold to give the owner of the garden centre an opportunity to object. They have set a deadline of 18 April 2001 for objections to be lodged.
The garden centre’s claim is being viewed as a test case, which could have major bearing on other claims throughout the country following the recent widespread floods.
PLS News 10/4/01
