The plaintiff’s land had been damaged by flooding. The defendants had power to execute works which might have prevented the floods.
Held: The defendants were under no duty, having only a power. The statute did not direct or require the defendant to do such work.
Judges:
du Parcq J
Citations:
[1938] 4 All ER 64, (1938) 82 Sol Jo 890, (1938) 37 LGR 22, (1938) 160 LT 61
Jurisdiction:
England and Wales
Cited by:
Cited – East Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
Lists of cited by and citing cases may be incomplete.
Utilities, Local Government
Updated: 08 May 2022; Ref: scu.472056