ANCHOR HANOVER GROUP AND OTHERS v ARCADIS CONSULTING (UK) LTD AND OTHERS

[2021] EWHC 543 (TCC), Technology and Construction Court, O’Farrell J, 9 March 2021

Flood damage – Diversion of river as part of development of a shopping centre – Environment Agency sought to strike out claim on ground that no duty of care was owed

Properties owned by the claimant suffered extensive damage in a flood, which was caused by a blocked box culvert. The culvert was created in 2012 as a part of some works to divert a local river as part of the development of a new shopping centre. A trash screen, consisting of flat vertical metal bars positioned at 75mm intervals, was fixed to the front headwall of the culvert. As a result of debris becoming trapped against the bars water was allowed to to back up and escape the channel, which resulted in the flooding that led to the damage to the claimant’s properties.