This article summarises recent Scottish and English case law discussed in a presentation given by Robert Sutherland on 3 February 2015 at Sniffer's 10th Annual Flood Risk Management Conference. The presentation looked at issues connected to flood management in the context of planning law, reservoir repairs, damages claims arising from flooding incidents, and applications to the courts for Protective Expenses Orders. The presentation also considered the application of Freedom of Information legislation to public authorities concerned with flooding issues by looking at references to the Scottish Information Commissioner over the past ten years.

1. Sniffer 10th
Annual Flood Management
Conference – 3/4 February 2015
Flood Management
Case Law Review
Robert Sutherland, Advocate
Terra Firma Chambers

2. Planning and flooding
•Bova v Highland Council, 2013 SC 510
•R (on the application of Padden v Maidstone
Borough Council, [2014] Env LR 20
•O’Connor v Secretary of State for Communities
and Local Government, [2014] EWHC 3821
(Admin)

3. Reservoirs Act 1975
•R (on the application of the Heath &
Hampstead Society v (1) the Mayor of London
and (2) the Environment Agency, [2014] EWHC
3868 (Admin), 28 November 2014

4. Liability in damages
• H v The Scottish Ministers
• Vernon Knights Associates v Cornwall Council,
[2014] Env LR 6

5. Abandonment of existing defences
• Falkner v Gisborne DC, [1995] 3 NZLR 622

6. Protective Expenses Orders
• R (Corner House Research) v Secretary of
State for Trade and Industry, [2005] 1 WLR
2600
• McGinty v The Scottish Ministers, 2014 SC 81
• RCS, Chapter 58A
• The Newton Mearns Residents Flood
Prevention Group for Cheviot Drive v East
Renfrewshire Council & Stewart Milne Homes
Limited, [2013] CSIH 70, 7 June 2013

7. Freedom of Information
• Decision 045/2005 - Mr Geoffrey Jarvis, The
Clyde Heritage Trust and Glasgow City Council
• Decision 184/2006 - Hendersons Chartered
Surveyors and East Dunbartonshire Council
• Decision 086/2009 - Mr John Rennie and
Scottish Water; Decision 144/2012 - Mr William
Speirs and Scottish Water
• Decision 063/2013 - Zurich Insurance plc and
South Lanarkshire Council

8. Flood Management
Case Law Review
Full case law presentation available at:
http://www.terrafirmachambers.com/articles.
html?article_id=149
Robert Sutherland, Advocate
Terra Firma Chambers