Pemberton v Bright and Another: CA 1960

A culvert had been altered and extended in 1926 and the entrance left uncovered and unprotected.
Held: The interference with the flow of water created a potential nuisance in that ‘heavy rain was always a potential danger unless properly controlled and this at least was a place where a grid would have stopped, or would have probably stopped, debris getting past it.’ Liability thus for flooding which occurred in 1956 was established.


[1960] 1 WLR 436


England and Wales


AdoptedCorporation of Greenock v Caledonian Railway Company HL 1917
The West Burn flowed in a channel considerably below the surrounding ground which drained into it and in particular was below the level of Inverkip Road. In 1908, in order to form a playground for children, the natural channel of the West Burn was . .

Cited by:

CitedBybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
Lists of cited by and citing cases may be incomplete.


Updated: 12 April 2022; Ref: scu.220838