Waste company denies blame for flooding of golf course

The action is being defended, with Island Waste denying the claim and putting the golf company to strict proof that it had suffered any loss or damage as alleged ‘or at all’.

In its action, Guernsey Golf said it took out a contract with Island Waste in October 2018.

The waste company was obliged to carry out several duties, it is alleged, such as conducting a risk assessment of the area where the bins were to be placed, providing empty bins as well as taking away the refuse.

Is is claimed that Island Waste failed to notice a tap in the area where the bins were in place, and on one occasion this tap was damaged by having a bin pushed up against it during collection and that led to flooding in Guernsey Golf’s premises.

Guernsey Golf said that liability was admitted by Island Waste directors following the incident and they apologised.

‘The defendant carried out its duties in breach of contract and/or negligently,’ claimed Guernsey Golf.

It was estimated that some 20,000 litres of water flooded the site, leading to a loss in turnover for the golf company due to it having to close the premises, and this is put at £252,232.

Added to this are the cost of such things as emergency repairs, replacement fixtures and fittings, drying works and reinstatement, leading to a total claim for damages to the value of £302,903.14.

Island Waste denies that more than 20,000 litres of water flooded the premises and calls for proof.

It also said that the premises were not closed but remained open as usual: ‘further and/or alternatively, it is denied that any such closure of the premises was reasonable or necessary and the plaintiff is put to strict proof of the same,’ it said in its defence papers.

Strict proof is also demanded of the cost of the various works, fees and repairs and Island Waste denies that the cost was ‘reasonable and/or necessarily incurred’.

The action is progressing through the Ordinary Division of the Royal Court.