Source: All England Reporter
Publisher Citation: [2002] All ER (D) 138 (Mar)
Court: Technology and Construction Court
Judge:

Judge Richard Havery QC

Representation Daniel Crowley (instructed by Plexus Law) for the claimant.
  Gordon Bebb (instructed by PCB Robertson) for the defendant.
Judgment Dates: 11 March 2002

Catchwords

Nuisance - Tree - Roots causing damage - Tree situated on highway - Local authority responsible for maintenance of trees on highway by agreement with highway authority - Claimant not informing defendant as soon as damage from tree roots was suspected - Whether local authority proper defendant - Whether defendant given reasonable opportunity to abate nuisance.

The Case

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