Q&As

Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 10/07/2020

The following Environment Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?

Does a claimant have to follow the statutory compensation scheme for loss caused by flood defence works, or can an action can be brought in negligence?

The starting point for loss and injury caused by flooding is that there is no common law legal right to be protected from flooding and its effects. At common law, landowners are primarily responsible for safeguarding their land and property from flood risks. The default legal position is that it is for landowners to adopt flood defences in order to protect their land.

There are a number of bodies vested with statutory powers to manage flood risks, depending on whether these arise from the coast

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