Significant cases

Green v Lord Somerleyton

In this case, the claimant sought damages for the flooding of his land caused by water flowing out of a lake on the defendant’s land. Significantly, the Court of Appeal accepted that the “Leaky” principle whereby a person could be liable for damage arising from naturally occurring events, extended to damage caused by naturally flowing water. However, on the facts, the Court of Appeal found that the defendant was not in breach of that duty and that he was in any event entitled to an easement of drainage over the claimant’s land.