Environment agency failed to strike out negligence claim

In Anchor Hanover Group v Arcadis Consulting (UK) Ltd and Others [2021] EWHC 543 (TCC) O’Farrell J declined to strike out a claim against the Environment Agency in respect of damage caused to property belonging to the claimant after a flood caused by blockages to a culvert. The claimant’s pleaded case did not rely solely on the exercise by the Environment Agency of its statutory duties (had it done so no duty of care would have been owed). Rather, it extended to matters that went beyond the exercise of these statutory duties such that the court was not in a position to exclude the possibility that the conduct of the Environment Agency amounted to an assumption of responsibility such as to support the existence of a duty of care. This being the case, the claim was permitted to go forward to a full trial in order to determine whether or not the circumstances gave rise to a duty of care owed by the Environment Agency to the claimant.