Kirk and others v London Borough of Brent: CA 8 Dec 2005

The defendant council had obtained a strike out of the claimant’s assertion that they were responsible in nuisance for damages caused by tree roots.
Held: The claimant’s appeal against the striking out of his claim succeeded. While the simple nature of the trees was insufficient to establish knowledge in the council of the risks, they had been warned by letter.
Pill LJ said: ‘I do not accept the proposition . . that as a matter of law, where nuisance is created by tree roots there is no liability for resulting damage unless and until damage has been notified to the tortfeasor’.


Pill, Wall, Lloyd LJJ


[2005] EWCA Civ 1701




England and Wales


CitedSolloway v Hampshire County Council CA 1981
Tree root damage had occurred following two successive very hot and dry summers in 1975 and 1976, in an area where the subsoil was almost all gravel but where, as it happened, under the plaintiff’s house there were pockets of clay. An issue arose as . .
CitedDelaware Mansions Limited and others v Lord Mayor and Citizens of the City of Westminster HL 25-Oct-2001
The landowner claimed damages for works necessary to remediate damage to his land after encroachment of tree roots onto his property.
Held: The issue had not been properly settled in English law. The problem was to be resolved by applying a . .
Lists of cited by and citing cases may be incomplete.


Updated: 05 July 2022; Ref: scu.238641