Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defence definition

What does Defence mean? In civil litigation, a defence is the defendant’s formal pleading that answers the claim and sets out the material facts and legal grounds relied on. It shapes the issues for disclosure, evidence and trial, and must be filed within the time limits set by court rules; failure may lead to default judgment (or decree). In England and Wales, under the Civil Procedure Rules, the defence is a statement of case responding to the particulars of claim. It should specify which allegations are admitted, denied or not admitted, explain any denial, and plead defences such as limitation or set-off....

Flood defence and ordinary watercourse consent regimes (pre-2016): scope, applications, offences and transition to Environmental Permitting (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

ARCHIVED:

This archived Practice Note summarised the earlier ‘flood Defence consent’ framework for main rivers under the Water Resources Act 1991 (WRA 1991) and the ordinary watercourse consent regime under the Land Drainage Act 1991 (LDA 1991). After consultation, the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016, SI 2016/475 broadened the Environmental Permitting regime so that, from 6 April 2016, flood risk activities are regulated as a facility, replacing the flood defence consent system. Transitional and saving provisions remain in place for existing consents, applications already submitted, existing notices and arbitration matters. For more on flood risk activities, see Practice Note: Environmental permitting—flood risk activities. For wider material on environmental permitting, including the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154, effective from 1 January 2017, see: Environmental permits and exemptions—overview.

When is flood defence consent required?

Under section 109 of the WRA 1991, flood defence consent is needed before beginning any works on or near a main watercourse or sea defence. This applies to activities in, over or...

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Web page updated on 21/05/2026

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