The respondent was owner of land. Occasional substantial storms washed quantities of surface soil over the road. The claimant highway authority served notices required part of the land not to be used for arable purposes. After a further storm the authority sought damages for having to clean up the road. The farmer appealed the order against him.
Held: The defendants were not liable for the effect of a storm of an extreme once in 200 year level. Liability required reasonable forseeability. The notice had not been served in respect of this particular land, which also suggested unforseeability.
Judges:
Lord Justice Keene and Mr Justice Sumner
Citations:
Gazette 23-May-2002, Times 27-May-2002, [2002] EWCA Civ 602
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council CA 22-Feb-2000
Land owned by the defendant was below a cliff, at the top of which was the claimant’s hotel. The land slipped, and the hotel collapsed. Some landslip was foreseen from natural causes, but not to the extent of this occasion.
Held: The owner of . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 06 June 2022; Ref: scu.171266
