Malewski and Another v London Borough of Ealing: TCC 28 Mar 2003

This judgment is concerned with damage caused by tree roots.
Held: The predominant cause of the desiccation and subsidence that occurred was the oak in the ownership of the defendant highway authority who is, in consequence, fully liable for the damage with no reduction for a cause within the claimants’ ownership or as a result of any contributory negligence by them.

Judges:

His Honour Judge Thornton QC

Citations:

[2003] EWHC 763 (TCC), 89 Con LR 1

Links:

Bailii

Jurisdiction:

England and Wales

Nuisance

Updated: 03 June 2022; Ref: scu.442102