Dale Paul Gould v The Environment Agency
[2023] UKUT 201 (LC)
Roger Brookhouse & Anor v The Environment Agency
30 November 2023
[2023] UKUT 282 (LC)
Upper Tribunal
The Environment Agency built a new flood wall next to an old house. The house got water damage, and the owners sued. Experts looked at the water levels in the ground. The judge decided the new wall caused the water levels to rise and damaged the house, so the Environment Agency has to pay for the repairs.
Key Facts
- •The King's Lodging, a Grade II listed building, suffered water damage allegedly caused by the Environment Agency's (EA) flood prevention works.
- •EA constructed a new flood wall near the property, resulting in repeated water ingress into the garden and subsequent damage to the house.
- •Claimants argued that raised groundwater levels due to EA's works caused damage to their property.
- •EA contended that the works did not alter groundwater levels and that the damage was not caused by their actions.
- •The case centered on a preliminary issue of causation: whether the EA's works caused the damage.
Legal Principles
Compensation for injury sustained due to the exercise of powers under section 165(1) to (3) of the Water Resources Act 1991.
Water Resources Act 1991, Schedule 21, paragraph 5
Outcomes
The Upper Tribunal found in favor of the claimants.
The Tribunal concluded that groundwater levels had risen due to the EA's works, causing damage to the property. This conclusion was based on hydrological evidence, including analysis of pre- and post-works water levels, and a plausible explanation of how the works led to the rise in groundwater levels.