The defendant had deposited coal wastes. When the river Taff flooded, the spoil heaps diverted the floods to damage the claimants’ homes. They appealed refusal of their claims in nuisance. The judge applied the common enemy rule: ‘an owner or occupier of land is entitled to use or develop his land so as to prevent … Continue reading Arscott and others v Coal Authority and Another: CA 13 Jul 2004