[2024] EWHC 1435 (TCC)

Conclusion

It follows that, for the reasons set out above, I answer the issue:

If there was a material increase in the frequency of storm events in the second decade of the FDSA compared with the first decade, does Schedule 12 of the FDSA permit PCDL to claim, after the end of the second decade, an additional payment in respect of Flood Defence Services and/or Service Requirements which PCDL performed in the second decade of the FDSA?

Yes.

It also follows that I do consider that Schedule 12 permits PCDL to claim for Relevant Cost on a retrospective basis in the manner in which it has sought to claim.

I will deal with costs and any consequential matters at a hearing to be fixed should they be incapable of agreement.

Simon Lofthouse K.C.