Legal storm clouds gather over Butlin’s incident

Legal storm clouds gather over Butlin's incident

The courts have been confronted with the question of whether severe rain that caused a Butlin’s camp to close was a storm or a flood.

Last September, Butlin’s biggest camp, in Somerset, was forced to close following a deluge of rain.

The company is now suing its insurers, who are refusing to pay the £60 million for the disaster. Aviva say the incident was a storm, limiting their payout to £25m.

Butlin’s, however, claims it was the victim of a flood and has taken the insurers to court. The holiday camp company states in legal documents that the flood was not part of a “named storm” and that the rain was not accompanied by high winds.

“As a matter of ordinary English and/or as a matter of law, a ‘storm’ occurs only where there is high wind,” it argues.

“The damage was caused by the flooding and a reasonable policyholder would not view this as storm damage.”

It is understood the insurers do not think precedent has established that a storm requires that there be high wind.

Nor are all storms given names. The Met Office names storms where there is “the potential to cause disruption or damage which could result in an amber or red warning”.

A Butlin’s spokesman said: “Our Minehead resort was heavily impacted by the severe flooding that affected many businesses and homes in the South West in September 2023.

“As a result of the extensive damage to the Minehead site our team have worked very hard to ensure the resort is back open and running, but as this is now a legal matter, we’re unable to comment further.”

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