HOUSEHOLDS worried by more flood warnings and wet weather could take action against Severn Trent Water after a landmark court case.

Thames Water Utilities Ltd were successfully sued under the Human Rights Act for failing to carry out drainage work, which would have prevented future flooding.

In the case, Marcic v Thames Water Utilities Ltd, the judge held that the water authority's failure was a breach of the complainant Marcic's basic human rights.

Under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (incorporated into law by the 1998 Act) the plaintiff is entitled to "respect for his private and family life" and "the right to peaceful enjoyment of his possessions".

The judge held that although, under common law, a statutory sewerage provider was not responsible for correcting drainage problems that it did not cause, it was now responsible for preventing repetition of the problems in the future under human rights legislation.

The success of the case could mean that water authorities all over the country will now be held responsible if proper drainage systems are not implemented in time for the expected winter floods.

Human rights expert Simon Cohen, from the Manchester office of law firm Rowe Cohen, is expecting a torrent of inquiries from people who have lost their homes and livelihoods over the last year.

"This is a remarkable case, which is great news for all the thousands of people who felt angry and let down by their water authority while they watched helplessly as flood waters rose in their properties," said Mr Cohen.

"We're already beginning to see reports of flooding on the news and any action that can help prevent lives being ruined is a step forward."

But flood campaigners in Worcester say they have looked into the legalities and would not be following suit.

"We've all thought about going down this route but it will cost us more," said Mary Dhonau, chairman of the Worcester Action Against Floods committee.

"Even if we win the pay out is so low - the compensation in this case was just £1,600. You get more for suffering a burst water main."

Severn Trent Water said it had carried out a number of flood protection measures in Worcester.

These include installing non-return valves and raising manhole covers in the Diglis area of the city.

Anyone interested in finding out how the human rights laws can affect them can contact Simon Cohen on 0161 830 4600.