LE Jones (Insurance Brokers) Ltd v Portsmouth City Council: CA 7 Nov 2002

The Council appealed against a finding that it was liable for damage to the claimant’s property caused by the roots of trees on the highway maintained by the appellant. The Council asked whether it was the correct defendant having acted as agent for the County Council, whether proper opportunity had been given to abate the nuisance, and whether the underpinning works had been necessary.

Aldous, Dyson LJJ
[2002] EWCA Civ 1723, [2003] BLR 67, (2002) 87 Con LR 169, [2003] 15 EG 139, [2003] 1 EGLR 99, [2002] 47 EG 146, [2003] 1 WLR 427
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 . .

Lists of cited by and citing cases may be incomplete.

Negligence, Nuisance

Updated: 19 November 2021; Ref: scu.515016