Anlaby flood victim drops legal action
Saturday, December 06, 2008, 07:00
John Brockwell claimed the company failed to provide the required level of service by not keeping its sewers in East Yorkshire free-flowing at the time.
He also claimed Yorkshire Water's main Humbercare sewerage tunnel underneath Hull was already full before the June 25 downpour.
His home in Pryme Street and a neighbouring property he owns were both flooded.
In June this year he lodged a claim for almost £5,000 against Yorkshire Water in a small claims action through Hull Combined Court.
However, he has now been forced to discontinue the action after a district judge ruled in favour of an application by Yorkshire Water for the case to be heard at a multi-track hearing.
Multi-track cases usually require expert witnesses to give evidence and typically last several days.
Mr Brockwell, who planned to represent himself in court, maintained the case could have been dealt with in a single day's hearing.
"My decision to discontinue the action was taken purely on cost grounds," he said.
Mr Brockwell told the Mail he could have faced financial ruin if Yorkshire Water had won the case and secured costs against him.
He said: "There was no way I could have risked incurring the costs of a multi-track hearing if I had lost."
If he had lost the action, the costs Mr Brockwell would have incurred would have far exceeded the £5,000 claim.
A Yorkshire Water spokesman said: "This is a personal matter for Mr Brockwell and we do not think it is appropriate to comment further."
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