New book on flood claims

July 12, 2021

A Practical Guide to the Law of Flood Protection and Flood Claims’ by William Upton QC was published this week, and it is intended to be a helpful resource for established practitioners as well as an introduction to those new to the subject.

There is much that can be learnt from the caselaw, in a situation where, as Lord Justice Jackson once acknowledged, “the judge is required to carry out a somewhat daunting multifactorial assessment”. The book is a short practical guide to the legal issues that arise regarding flood protection and claims for compensation.

The chapters of the book are intended to be read in the context of the regulatory background, established by the Flood and Water Management Act 2010. The book describes the key concepts in flood risk management, Flood Zones and Flood Resilience, and the relationship with planning law. It also discusses the use of a measured Duty of Care in nuisance and negligence claims, and what defending against flood water as the “common enemy” can mean. The subjects covered include the different roles of all the public authorities involved, and their potential duties and liabilities for compensation, including in terms of human rights law. Whilst no flood event is the same, much of flood protection is about risk management and many of these issues have arisen in the past.

The book is available to order here