|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 138 (Mar)|
|Court:||Technology and Construction Court|
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|
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.