[2023] UKUT 00282 (LC)

In 1520 King Henry VIII stood at the window of the building now known as The King’s Lodging in Sandwich to review his fleet before setting sail for the Field of the Cloth of Gold. From the same window today the most striking feature is the wall between the property and the River Stour built by the respondent, the Environment Agency, as part of the Sandwich Town Tidal Defence Scheme. The claimants, Mr and Mrs Brookhouse, are the owners of The King’s Lodging and they say that their property has been damaged, and will continue to be damaged, by raised groundwater levels caused by the respondent’s works. They seek compensation under the Water Resources Act 1991.

This is the Tribunal’s decision on the preliminary issue of causation. It will determine whether any compensation is payable, leaving the quantum of compensation for later agreement or determination.

The reference was heard on 2 to 4 May 2023, adjourned part-heard, and re-listed on 18 to 20 October 2023. At that second session we heard the expert evidence of the hydrologists. We gave notice to the parties that we would like them to give concurrent evidence. (Footnote: ¹) We provided an agenda of topics beforehand, the two experts took the oath or made an affirmation at the start of the hearing, and we asked questions of them both. Counsel then each cross-examined the other’s hydrology expert, largely avoiding topics already covered by the Tribunal’s questions.

The claimants have been represented throughout by Mr Meyric Lewis KC, together with Mr Riaz Hussain KC who was instructed in response to the Tribunal’s notice that it required the hydrologists to give concurrent evidence. The respondent was represented by Ms Galina Ward KC. We are grateful to them all. Together with Mr Lewis and Ms Ward we visited The King’s Lodging on 27 April 2023, and we thank the claimants for allowing us access.