One of the main difficulties farmers and landowners have faced with regard to flood damage has been the lack of availability of insurance, a factor particularly galling when the flood was made worse by the actions of agencies there to give us protection.
In a landmark case earlier this year, the NFU and Crombie Wilkinson solicitors worked with East Riding farmer Robert Lindley to secure damages in the Upper Tribunal (lands Chamber) for the loss of a crop caused by flood waters being pumped from a village by the local authority. The Claim was brought under the Land Drainage Act 1991. It was accepted that the local authority acted appropriately preventing far greater damage, however the land in question would not have flooded but for the pumping.
This case will open the way for other land holders to bring similar actions against local authorities, the Environment Agency or other water and flood management organisations and makes it clear that where sacrifice of business assets becomes a necessity it can not be done without proper compensation.
Please contact Emma Morris at Crombie Wilkinson Solicitors for more information.