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A Practical Guide to the Law of Flood Protection and Flood Claims

A Practical Guide to the Law of Flood Protection and Flood Claims

A Practical Guide to the Law of Flood Protection and Flood Claims

Author: William Upton QC
Publisher: Law Brief Publishing
ISBN: 9781913715922
Published In: June 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 839.86

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Description
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This book is a short practical guide to the legal issues that arise regarding flood protection and claims for compensation. It is intended to be a helpful resource for established practitioners as well as an introduction to those new to the subject. Whilst no flood event is the same, much of flood protection is about risk management and many of the issues have arisen in the past. We can learn much from the caselaw and this is a situation where, as Lord Justice Jackson acknowledged in a case in 2014, “the judge is required to carry out a somewhat daunting multifactorial assessment”.

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.

Chapter One – An Overview of Flood Risk

Chapter Two – The Role of the Public Authorities Responsible for Flood Risk Management

Chapter Three – Building and Maintaining Flood Defences

Chapter Four – The Measured Duty of Care – Flood Claims in Nuisance and Negligence

Chapter Five – Defending Against Flood Water as the “Common Enemy”

Chapter Six – The Potential Liability of the Regulators for Flood Damage

Chapter Seven – Claiming Compensation for Losses Caused by Flood Defence Work

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