Beware Highway Cases Involving Flooding

If you have highway cases involving flooding, beware the very recent (judgment given on 11th April 2006) High Court case of The Department for Transport v Mott MacDonald Limited (as yet unreported)

The Judge held that a Highway Authority was not liable for blocked drains / inadequate drainage which caused water to come onto a road.

However, leave to appeal was granted, so stays all round may be the sensible way forward at this time.

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