TREE ROOTS AND NUISANCE ONCE AGAIN

L E Jones (Insurance Brokers) Ltd v Portsmouth City Council, (unreported, Queen’s Bench Division, Technology and Construction Court, 11 March 2002)

In L E Jones (Insurance Brokers) Ltd v Portsmouth City Council (unreported, Queen’s Bench Division, Technology and Construction Court, 11 March 2002) Judge Richard Havery QC held the defendant local authority liable in negligence and nuisance for damage caused by the encroachment of tree roots which resulted in subsidence and consequential damage to the claimant’s property. The decision constitutes an extension of the decision of the House of Lords in Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55; [2002] BLR 25 in so far as the defendant was held liable notwithstanding the fact that the claimant had not notified the defendant as soon as damage from tree roots was suspected. The justification for imposing liability on the defendant was held to lie in the fact that the defendant had not taken the opportunity which it had to ask for an opportunity to abate the nuisance. In the light of this case defendants would be well advised to take a more proactive stance when informed of potential damage by tree roots and actively seek an opportunity to abate any nuisance.