Nuisance, flooding and the common enemy rule
The Court of Appeal has confirmed that a long standing defence in nuisance actions going back to the eighteenth century is still valid in contemporary claims. The so-called "common enemy" rule allows property owners to take protective steps against flooding, even if as a result of their action water that would otherwise have flowed onto their land is diverted onto someone else's property.
Sorry you do not have access to this article. Please contact Customer Support at
or call 020 8267 8120