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The Upper Tribunal (Lands Chamber) has just issued its ruling in Roger and Suzanne Brookhouse v The Environment Agency [2026] UKUT 209 (LC), awarding Fenwick Elliott’s clients £3.3 million to reinstate their historic Grade II-listed home following damage to the grounds which was caused by increased groundwater levels arising from flood defence works.
The ruling follows a 2023 decision which had found the Environment Agency liable for the increased groundwater levels at, and the consequent damage to, the King’s Lodging, which dates to the fifteenth century and is Grade II listed. The decision reflects the significant cost and specialist construction techniques required for rectifying defective flood defence works and repairing properties with unique historic value.
The property has played a rich role in England’s history, with King Henry VIII having surveyed his fleet from the property before setting sail for the Field of the Cloth of Gold in 1520.
Fenwick Elliott Partner Professor Nicholas Gould led Fenwick Elliott’s team for the case, supported by Senior Associate Matthew Simson.
Nicholas Gould comments:
“This has been a technically rigorous case combining vital infrastructure work, listed property issues and extensive expert evidence. The cost of reinstating heritage buildings can be significant and doesn’t always align with market value, which makes these disputes highly fact-specific and often heavily contested.
What makes cases like this particularly challenging is the combination of complex causation and highly specialised repair costs. Establishing whether infrastructure works have materially affected groundwater, and whether that has caused damage to a historic structure, is rarely straightforward.
Even once liability was established by the Upper Tribunal Lands Chamber in 2023, the Environment Agency decided not to return to remediate its defective flood defence works. This left our clients themselves to face the significant challenges of demonstrating the appropriate remedial scheme as well as in quantifying the true cost of reinstating such a unique property, and seek commensurate compensation by legal recourse. We are pleased with the outcome, and would like to thank our team of Counsel and expert witnesses for their support in this case.”
Counsel for Mr and Mrs Brookhouse were James Pereira KC and Caroline Daly of Francis Taylor Building.
A copy of the judgment can be found here: Roger Brookhouse & Anor v The Environment Agency [2026] UKUT 209 (LC)
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