Source: All England Reporter
Publisher Citation: [2012] All ER (D) 106 (Aug)
Neutral Citation: [2012] EWHC 2257 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Edwards-Stuart J

Representation Daniel Crowley (instructed by Plexus Law) for the claimant.
  Muhammed Haque (instructed by Clyde & Co LLP) for the authority.
Judgment Dates: 16 August 2012


Negligence - Causation - Predominant cause - Claimant's house sustaining subsidence damage - Claimant bringing claim against defendant local authority alleging damage caused by authority's trees - Whether authority's trees predominant cause of damage - Whether damage reasonable foreseeable - Whether authority negligent.

The Case

Negligence Causation. The Technology and Construction Court held that the defendant local authority had negligently failed to prune a number of large poplar trees which had caused subsidence damage to the claimant's house.

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