Lawbite: Highway to (flooding) hell!
October 07, 2026
Lawbite: Highway to (flooding) hell!October 07, 2026 This High Court decision confirmed a highway authority’s liability in private nuisance for repeated flooding of a neighbouring home – it found that purely reactive maintenance was not enough to discharge the council’s duty. This decision will be relevant to local authorities, highway authorities, landowners, property managers and their insurers in England and Wales – particularly owners of property in flood-affected areas. Eaton and another v Cheshire East Council [2026] EWHC 2423 (KB) Background / County Court DecisionThe front garden and driveway of the Claimants’ home flooded at least 20 times between 2012 and 2024, as a result of water running off an adjoining road, the Green. The Green is a highway maintained by Cheshire East Council (the “Council”). Despite the Claimants’ numerous complaints to the Council over the years, the flooding stopped only after the Council jetted the drain in November 2024. The Claimants brought a claim against the Council in nuisance in September 2025, claiming damages of c.£100,000. The County Court judge found the Council liable in nuisance and awarded £42,500 in damages – such figure comprising in part loss of value of the property and in part loss of amenity in respect of the Claimants. The AppealThe Council appealed, arguing that the judge had set too high a standard. The Council argued that it had taken steps to manage flooding, and highlighted the limited resources available to deal with extensive flooding risk in its area – the Council was responsible for:
It also argued that it was not responsible for flooding caused by water coming onto the Green from other land before flowing onto the Claimants' property. It contended that its responsibilities were limited to water originating on the highway itself. The High Court rejected every ground of appeal. The Council had failed to take reasonable steps to stop natural water damaging neighbouring land, and the source of the water made no difference. Helpfully, the High Court affirmed the County Court judge’s decision to adopt Vernon Knights Associates v Cornwall Council [2013] EWCA Civ 950 as summarising the law on private nuisance in a flooding case of this kind. That case provides that the Court is to undertake a multi-factorial assessment in the light of the circumstances, with the following principles in mind:
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