Sedleigh-Denfield v O’Callaghan [1940]

Facts

  • Trespassers had laid a pipe on the defendant’s land designed to divert flood water
  • Following previous less-serious incidents, the pipe was blocked and the claimant’s land was flooded

Issue

  • Could there be nuisance liability?

Decision

  • Yes

Reasoning

  • Known blockage therefore liability in not adding a leaf filter to the pipe
RELATED CASE  Patchett v Swimming Pool & Allied Trades Association [2009]

Posted in Tort Law Revision Notes.

This page was last updated on 25th April 2014

© 2020 Webstroke Law - Terms and Privacy Policy