In R ( WILLIAMS ) v NATURAL RESOURCES WALES and CONWY COUNTY BOROUGH COUNCIL ( 2026 ) EWHC 9 ( Admin ) the Claimants unsuccessfully challenged the decision of Natural Resources Wales ( NRW ) that it would no longer exercise its power, under Section165 of the water resources Act 1991, to carry out works and maintenance to a embankment. The 4 grounds of challenge included that the decision placed an unfair and disproportionate burden on adjacent landowners for maintenance of the embankment and its associated structures, and constitute “ control or interference “ with the landowners’ property rights under Article 1 of the First Protocol of the ECHR. This is discussed by Judge Keyser KC at paras 66-82. “ Possessions “ is construed broadly, but the matter complained of did not violate the claimants’ rights. They were not deprived of their land. NRW is neither purporting to exercise control over the claimants’ land nor controlling the use to be made of it. Their right to peaceful enjoyment of their possessions was not infringed. There was no public obligation to maintain flood defences. Article 1 was not engaged.

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