Source: All England Reporter
Publisher Citation: [2012] All ER (D) 307 (Oct)
Neutral Citation: [2012] EWHC 2951 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Recorder Davis QC sitting as deputy judge of the High Court

Representation Daniel Crowley (instructed by Lyons Davidson Ltd) for the claimants.
  Muhammed Haque (instructed by Clyde & Co LLP) for the defendant.
Judgment Dates: 30 October 2012

Catchwords

Tree - Roots causing damage - Nuisance - Claimants contending property damage caused by trees within local authority's control - Claimants seeking damages - Whether trees causing property damage.

The Case

Tree Roots causing damage. Property owners commenced proceedings against the local authority for nuisance and negligence in allowing tree roots to undermine the foundations of their property, resulting in damage. They relied on evidence of a single joint expert that the damage had been caused by heave or the trees. The Technology and Construction Court dismissed the claim on the basis that the claimants had failed to establish that the trees had caused the damage.

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