‘LEAKEY’ DRAINS OR NATURALLY FLOWING WATER?

Green v Lord Somerleyton and others [2003] EWCA Civ 198; [2003] All ER (D) 426 (Feb)

Katherine Worthington

The Court of Appeal in Green v Lord Somerleyton and others [2003] EWCA Civ 198; [2003] All ER (D) 426 (Feb) held that a duty in tort to prevent flooding could arise where the hazard was naturally flowing water. Leakey v National Trust for Places of Historic Interest or Natural Beauty [1980] QB 485 was applied and the court took the opportunity to reiterate the inappropriateness of distinctions drawn between natural and man-made hazards. An expression such as ‘naturally flowing water’ inevitably admitted of more than one interpretation and as such was no basis on which to found liability in nuisance. The key to resolving such disputes was the notion of reasonableness between neighbours. On the facts of the case, Lord Justice Jonathan Parker found that the defendants had acted reasonably and the nuisance claim was dismissed on appeal. The decision marks a further step towards the incorporation of negligence principles into the law of private nuisance.