BYBROOK BARN GARDEN CENTRE v KENT COUNTY COUNCIL: CULVERTS AND LIABILITY FOR FLOODING

On 12 August 1996, a storm occurred which resulted in the flooding of Bybrook Barn Garden Centre at Ashford (Kent), a doctor's surgery, and part of the M20 motorway. This was the latest in a long history of flooding incidents and prompted a case being brought against the highway authority (Kent County Council). The flood was caused by the inadequate capacity of a culvert under a highway. The culvert had been adequate when constructed in the 1930s, but had become inadequate over a period of time as a result of increased upstream development. The claim succeeded before the Court of Appeal in 2000. It was stated that Kent County Council had failed in its duty, in that it had failed to take reasonable steps to enlarge the culvert once it was aware of the flood risk. The decision represents an extension of the law of nuisance. Liability had not been imposed in these circumstances before.