Jonathan de Rohan wins complex flood damage claim

Date: June 17, 2016

HHJ Coltart, sitting at Brighton County Court, found in favour of the Claimants in Hodghton v Horsham District Council. The judge was satisfied (on the “professional and reliable” expert evidence of Richard Allitt, BSc FICE) that the bifurcated tree root mass left by the Council in the mill stream adjacent to the River Arun was negligent, amounted to a nuisance and was the cause of the flooding of the Claimants’ property. The Defendant’s alternative theory of gradual inundation from downstream was rejected by the judge.