Matthew Jones KC (with G Handran KC) represented the first and second defendants, instructed by 23 Legal.
This case had an unusual procedural history. The Plaintiffs, over nearly five weeks of evidence, contended that the Defendant cotton farmers had constructed levees on the Defendants’ property which deleteriously altered the flow of floodwater onto the Plaintiffs’ land. The Plaintiffs erected a levee at the property boundary as a protective measure against the Defendants’ alleged levees. After evidence had closed, the Plaintiffs abandoned the whole of their claim but resisted the Defendants’ counterclaim that the protective levee be removed.
The parties asked Williams J not to make any findings on certain credit and conduct issues at this stage.
Within the unusual confines of the Plaintiffs’ late abandonment of their case and the delineation of certain issues for later hearing, Williams J found for the Defendants that the protective levee must be removed.
The judgment can be read by clicking here
