Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Liabilities definition

What does Liabilities mean? In practice, a scheme’s liabilities are what it owes: the future benefit payments (for example, pensions and lump sums) and the scheme’s expenses. They are usually measured as the present value of expected cashflows, determined by an actuary using assumptions on discount rate, longevity, inflation and expenses. Comparing liabilities with the market value of assets gives the funding level: a deficit arises where liabilities exceed assets; a surplus where assets exceed liabilities. “Liabilities” is a descriptive term used across legal, actuarial and accounting contexts rather than a single statutory definition. However, valuation bases are prescribed for particular purposes. In...

Flood and drainage liability, duties and claims: private and statutory nuisance, covenants, leases, planning enforcement, and public authority powers, duties and compensation (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

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Liability for flood management and drainage

Traditionally, individual landowners bore primary responsibility for flood defences. It has, however, long been recognised that drainage works serve the wider Public interest. Public authorities therefore have a crucial function in preventing and managing flooding for the benefit of communities. For any claim arising from a flooding incident, the first task is to identify the party or parties with duties relevant to the prevention of flooding. Potential Liabilities and claims may arise across both private law and public law. This note addresses both areas.

At the outset of any flooding event, the availability of insurance must also be considered. See Practice Notes: Flood insurance—overview of the market and Flood reinsurance—the Flood Re scheme.

Potential responsible parties include:

landowners
riparian landowners
public bodies

Landowners

Landowners may owe obligations concerning flooding and drainage arising as matters of title, under statute, and under the common law of nuisance or the rule in Rylands v Fletcher. Details of these obligations are set out in the Practice Note: Flood management and drainage—landowner rights and responsibilities. That note should be treated as the starting point when considering potential claims...

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Simon Tilling

Environmental Lawyer, Partner, Burges Salmon

• I am an environmental lawyer with a background in both science and law. I advise on all aspects of UK environmental law and regulation and I am dual-qualified to practise in England and Wales and Scotland. I advise on operational compliance, regulatory investigations, enforcement and criminal defence, regulatory appeals, tribunal hearings, judicial review and environmental civil claims.• In January 2026 I rejoined the partnership at Burges Salmon (having been a partner at the firm between 2016 and 2021), to continue my environmental law practice with a particular specialism in water law and chemicals regulation.• Between 2023 and 2026 I built and led a new in-house environmental law team within Pennon Group plc in support of its water and waste-water businesses.• I have also been a partner in Washington D.C. headquartered Steptoe & Johnson working from both Brussels and London on UK and EU...

Michael Barlow

Burges Salmon

Michael leads the environment team and the cross-firm water sector team. Michael covers contentious and non-contentious business for a range of clients from a variety of sectors. He has substantial experience of running cases in criminal courts, tribunals and civil courts to the Supreme Court as well as other methods of dispute resolution including arbitration and mediation. On the non-contentious side, Michael has particular expertise in energy efficiency, contaminated land and environmental permitting but has advised on a broad range of topics over the last 15 years. Michael is a former editor of the Environmental Law Review, regularly lectures on environmental law and contributes articles to environmental journals. ...

Web page updated on 21/05/2026

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