Source: All England Reporter
Publisher Citation: [2003] All ER (D) 433 (Mar)
Court: Technology and Construction Court
Judge:

Judge Anthony Thornton QC

Representation Dore Green (instructed by Plexus Law) for the claimants.
  Timothy Lord (instructed by Barlow, Lyde & Gilbert) for the authority.
Judgment Dates: 28 March 2003

Catchwords

Nuisance - Private nuisance - Damage to property - Encroachment of tree roots - Highway authority - Liability of authority.

The Case

In all the circumstances, the defendant local highway authority was liable in nuisance for the subsidence damage caused by a tree under its control.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.