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ARTICLE · 05 MAY 2021

Legal Developments In Construction Law: April 2021

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In the exercise of its statutory duties, the Environment Agency provided comments, approval and consent to proposed diversion works for a culvert, including the design of the culvert and trash screen.

United KingdomReal Estate and Construction
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1. Do public bodies owe a duty of care?

In the exercise of its statutory duties, the Environment Agency provided comments, approval and consent to proposed diversion works for a culvert, including the design of the culvert and trash screen. It was also, however, involved, in the hydraulic modelling used in the design of the works. When refuse became trapped against the bars of the trash screen, the culvert was blocked and flooded neighbouring houses, whose owners and occupiers brought proceedings against the Agency and others. The Agency claimed that it did not owe a duty of care and asked the court to strike out the claim against it. But was it right?

The court summarised the relevant principles derived from the case law:

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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