[2023] UKUT 00282 (LC)

Section 165 of the Water Resources Act 1991 provides the respondent with a general power to carry out works relating to flood defence and drainage. Section 177 gives effect to Schedule 21 to the Act, of which paragraph 5 provides:

“(1)

Where injury is sustained by any person by reason of the exercise by the appropriate agency of any powers under section 165(1) to (3) of this Act, the appropriate agency shall be liable to make full compensation to the injured party.

(2)

In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Upper Tribunal.”

The respondent accepts that if the Tribunal finds that its works have caused damage to the claimants’ property it is liable to pay compensation. As things stand, the respondent accepts liability for damage to the garden caused by the construction of the wall and has made an offer of £481,596.18 to meet the cost of reinstating the garden and for professional fees; what remains in issue is the claim for damage to the house.