Freshwater v Dŵr Cymru Cyf (Welsh Water)

Barrister:  Andrew Kearney
Area of Law: Construction and Engineering / Property Insurance Litigation
Summary:  Andrew defended Welsh Water in a dispute in the Cardiff TCC concerning alleged escapes of water from a main.  The claim was brought under s209 Water Industry Act 1991.  The Claimants alleged that escapes of water had washed away the fines from the subsoil beneath their property, causing it to subside and requiring very extensive piling and remedial works.  The case involved consideration of historical flow data, evidence of prior repairs and of highway drainage schemes and local groundwater and surface water run off, water testing and analysis, expert evidence from civil engineers, structural engineering and quantity surveying evidence and consideration of the extent of piling and remedial schemes.