Austin Macauley 26 January 2016

Councils could face claims over pumped floodwater damage

Local authorities have been warned to prepare for claims from farmers affected by pumped floodwater after a council in Yorkshire lost a test case.

Farming business Robert Lindley Ltd took East Riding of Yorkshire Council to court over damage caused to crops after floodwater was pumped into a watercourse close to the farm. It led to additional flooding in the farmer’s field.

The local authority argued it was not liable and had been coordinating a response to flooding on behalf of several agencies. The pumping was carried out by the Environment Agency and local fire service to protect properties in a nearby village.

But court ruled the council had exercised statutory powers under s14A of the Land Drainage Act 1991 and the farmer was therefore entitled to compensation.

The case related to flooding that took place three years ago but the outcome is expected to result in further cases to come to be brought forward.

Ethan Desai, senior associate at law firm Furley Page said: ‘The decision in this “test case” means that similar claims made by other farmers as a result of crop losses allegedly caused by the pumping of flood waters are likely to proceed, with greater certainty as to the merits of their claims and who is liable for those claims.

‘At a political level, the debate continues as to the best methods of managing flood risk and the role that farmers could or should play in delivering those strategies. The Government has stated that it will consider a plan to pay farmers in England for allowing their land to be flooded.

'Environment minister Liz Truss has also announced a plan to allow farmers to clear ditches without needing to ask for permission first. It will be interesting to see how flooding legislation develops in the coming months.’

SIGN UP
For your free daily news bulletin
Highways jobs

Team Manager

Durham County Council
Grade 14 - £50,269 - £54,495
Two vacancies has arisen within Adult and Health Services for a Team Manager working in the Chester Le Street Health Centre/Derwent Clinic and Enterpr Durham
Recuriter: Durham County Council

Commercial Waste Account Manager

Durham County Council
£38,220 - £41,771
Refuse and Recycling Services are looking for a Commercial Waste Account Manager to join their team   WHAT IS INVOLVED? Working with a significant deg Peterlee
Recuriter: Durham County Council

Head of Drama Teacher

Durham County Council
£32,916- £51,048 + 8,611
Head of Drama Teacher MPS-UPR + TLR2c- £32,916- £51,048 + 8,611 Required to start 01/09/2026.   The performing arts is central to life at Belmont Comm Durham
Recuriter: Durham County Council

Human Resources Officer Advice and Support

Durham County Council
£35,412 to £39,152 p.a. pro rata (Grade 9)
  This is an exciting opportunity to join the HR Advice and Support service supporting the delivery of professional HR advice and support in conjuncti Spennymoor
Recuriter: Durham County Council

Senior Product Manager - Social Care

Essex County Council
£63323.0000 - £74497.0000 per annum
Senior Product Manager - Social CareFixed Term, Full Time£63,323 to £74,497 per annumLocation
Recuriter: Essex County Council
Linkedin Banner