Flooding case studies
Hugh James flooding solicitors have been acting on behalf of
residents suffering from flooding for over fifteen years and have
been involved in leading Court of Appeal cases.
As well as solid technical knowledge the flooding
specialists are recognised for their expertise in
co-ordinating claims on behalf of groups of affected residents,
ranging from a handful of residents to the residents of a whole
street or housing estate.
Aberfan flooding
In the aftermath of the Disaster at Aberfan in 1966, the
National Coal Board and the local Council were put under severe
pressure to remove all coal tips from the vicinity of the village.
This included two tips near the River Taff, close to some playing
fields.
These tips were removed and spread
over the fields in the early 1970’s raising the height of the
fields by up to 20 feet. Prior to this work the fields were
frequently flooded when the Taff burst its banks. After the
removal of the tips, any water escaping the Taff was forced around
the fields and through an adjacent housing estate. These
houses had not been prone to flooding until the tips were spread on
the fields.
Particularly severe flooding
occurred in 1979 and again in 1998, when substantial damage was
caused to the houses and the residents were lucky to escape
injury. The total damage caused exceeded £1 million.
Local residents approached Hugh
James to take action against the Coal Authority and the local
council, to claim damages and seek assurances the flooding would
not be repeated.
Leading and nationally recognised
experts were involved proceedings were issued against both
defendants. The claim was funded in part by Public Funding
(formerly Legal Aid) and in part by twelve different insurers who
insured local residents.
The case ultimately proceeded to
the Court of Appeal and is now the leading authority in this area
of the law.
Arscott and Others v (1) The
Coal Authority (2) Merthyr Tydfil County Borough Council [2004]
EWCA Civ 892
Gilwern flooding
10 residents in Gilwern, near Abergavenny had to be evacuated on
16th October 2007 as the Brecon & Monmouthshire
Canal burst its banks sending water and mud rushing towards their
homes.
In areas, flood water exceeded one
metre and part of a farm house was washed away after being hit by a
torrent of water and rocks. Fire-fighters and British Waterways
have worked to secure the canal and prevent any further
flooding.
British Waterways allege the canal
was regularly inspected and the stretch of canal which burst was
inspected fairly recently.
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