Freemans PLC v (1) Park Street Properties (Lincoln) Ltd (2) Jaychem (Bourne) Ltd (3) Railtrack PLC
Citation: EWHC 477
Nature of case:
Freemans was the lessee of a property which was adjacent to a railway line owned by Railtrackand which included a culvert. The floor of Freeman’s property was originallylaid with a substance called FAMA which would swell and degrade on contact with water, and subsequently laid with another substance Jaypol which was not fit to be used and resulted in further damage. Floods later occurred andFreemans held Railtrackliable on account of blockage to the culvert. Dismissing the application, the court held that despite satisfaction of Railtrack’sliability, there was an absence of proof of loss suffered as a result of the flooding which was additional to the loss suffered by reason of the application of Jaypol.