Training course

Land Drainage and Land Drainage Act 1991

23 October 2020
10:00 - 16:00
DLA Piper UK LLP, London

160 Aldersgate, London, EC1A 4HT

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Target Audience:

a. Land drainage, highways and other officers who deal with water and drainage matters.

b. Legal advisers.

The course will aim to cater for delegates of all levels of experience.

Course Content

The course aims to cover the law which land drainage and other officers who deal with water and drainage matters will need to know. It will include:

a. Land Drainage Act 1991.Other statutes. Common law powers and duties. What can you require a landowner to do? Difficult landowners. Recovering your costs. Dealing with other players-Environment Agency, Internal Drainage Boards, other councils.

b. The duties of the council to dispose of or make arrangements for rain and other water falling on to the highway and elsewhere. Land higher than the council land? Can it discharge on to your land? The legal possibilities. Risk of claims against the council and defences thereto.

c. Compulsory action under the Land Drainage Act 1991 and in other ways. Injunctions. Section 100 of the Highways Act 1980.The creation of drainage near to highways. Other practical points. Easements. Rights to drain acquired by passage of time. The twenty year rule. What is the evidence needed to show that your council has a common law right to drain.

d. When is the council liable for flooding? What is a “return period? How to keep your council out of trouble. Civil claims and defending them. The Local Government Ombudsman. The Freedom of Information Act 2000.Members.The political angle.

e. The Flood and Water management Act 2010.The strategic role of the Environment Agency. The responsibilities of local authorities for mapping, flood prevention and in other ways.

f. Case studies to illustrate. How do you solve that problem situation? Questions. Your cases discussed. Where do you go from here? A chance to share.

This course will contribute to the following aspects of the SRA’s Statement of solicitor competence:

A2 Maintain the level of competence and legal knowledge needed to practice effectively, taking into account changes in their role and/or practice context and developments in the law

A4 Draw on sufficient detailed knowledge and understanding of their field(s) of work and role in order to practice effectively

A5 Apply understanding, critical thinking and analysis to solve problems

B3 Develop and advise on relevant options, strategies and solutions

B6 Negotiate solutions to clients’ issues

B7 Plan, manage and progress legal cases and transactions

C1 Communicate clearly and effectively, orally and in writing

C2 Establish and maintain effective and professional relations with clients

C3 Establish and maintain effective and professional relations with other people

Land Drainage and Land Drainage Act 1991

23 October 2020 | 10:00 - 16:00

£215 +VAT

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