United Utilities is facing the prospect of mass legal action over November flooding in Cumbria.

Workington-based solicitors KJ Commons & Co has set up a website to co-ordinate claims from potential claimants. The company is already acting on behalf of a small group of individuals who are seeking to take legal action against the Cumbrian water company.

The solicitors say that the website has been set up purely by way of assistance to those who have suffered as a result of the flooding.  Individuals who register are under no obligation and will be kept informed of the response from United Utilities and of any developments in the case. When K.J. Commons have completed their investigations,  if they are of the opinion that there is a case to answer, all registrants will be formally contacted and invited to participate in legal action.

In a letter to United Utilities published on the website, the law company say that the magnitude of extremely heavy rain that fell on 19th November 2009 was both entirely foreseeable and forecast some days beforehand. The solicitors are questioning United Utilities’ operation of Thirlmere reservoir, upstream of Cockermouth.

The website refers to a letter sent by the water company to Tony Cunningham, the local MP which indicated that the water level in the reservoir had been so high that it had been overflowing the spillway from 27th October 2009 and that  the main abstraction from the reservoir into the aqueduct supplying Manchester was “closed off to protect drinking water and public health of a population of 500,000 people supplied by the reservoir”.

KJ Commons & Co said that the letter should be seen  as notification that the management of the water resources at Thirlmere and elsewhere is under close examination, with a view to proceedings being commenced for compensation.

The lawyers have asked United Utilities to make a detailed pre-action disclosure about a wide range of issues, including:

• All inspections of the reservoir conducted under Section 26 (1) of the Reservoirs Act 1975 and any recommendations made as to measures to be taken in the interests  of safety, together with copies of any engineer’s certificate.
• A copy of the Flood Plan prepared pursuant to Section 12 A of the Act and copies of all reports and recommendations made by the Supervising Engineer under Section 12 of The Act.
• Access to all maintenance and repair records for the three years commencing 20th November 2006 for the abstraction pumps and aqueduct, together with information as to the time the pumps were switched off on 19th November 2009 and the reason for the switch off.
• Water level records for the period 27th October 2009 to 20th November 2009 as required to be kept by Section 11 of the Act
• Details of the means by which the Reservoir level was “dropped” on 19th November 2009” despite continued, very heavy rain and the closure of pumps.

The solicitors have said that they will take further action under Section 33 of Supreme Court Act 1981 if United Utilities do not voluntarily provide the information.

A United Utilities spokesperson said:

““The flooding in Cumbria during November was caused by a 1 in 200 year rainfall event, not the management of Thirlmere reservoir.

“The reservoir has always been and continues to be managed in consultation with local stakeholders (including Keswick Flood Action Group and EA).”