Arscott & Ors v (1) The Coal Authority (2) Merthyr Tydfil County Borough Council
[2005]
Env LR 6, [2004] EWCA Civ 892
Nature of case
Court of Appeal considered whether the common enemy rule (that an occupier of land is entitled to prevent flood waters from coming onto his land is not liable in nuisance if the flood water consequently causes damage to another’s land), in principle, contravened the European Convention on Human Rights 1950, Article 8, Protocol 1, Art 1.
Counsel: Jessica Stephens
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