UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Julian Morris
Date: Jan 13 2020 11:54:56
Jon, to add to that I'd say look first at Khan v Kane 2013 as it created a 
new distinction between obvoius negligence and the previously understood onus 
of proof on foreseeability and the difficult distinction between potential 
and actual damage.

I'd also reiterate my earlier comments about the differencein Scots law, and 
khan v kane being a significant move away from reliance on the strict 
liability argument towards a more case-by-case test.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Monday, January 13, 2020 at 10:52 AM
From: "Jon Heuch" <jh@xxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Civil cases for nuisance or damage to property

Has anyone ever heard of a civil case involving a tree causing nuisance or

damage to property actually going to court? And if so, what was the outcome?





Mike



Maybe your question is more specific than it sounds, but the answer, is
two-fold:



i)                    Yes, it's the bread and butter of consultants; the
outcome(s), as always depend upon the evidence/facts.

ii)                   Look in the index of Mynors. There are two and a half
columns of references on Nuisance within his work so you should have enough
there to start you off.



If you are specifically looking for a court case, bear in mind that most
cases are of low value so never proceed to court. Thus, the ones that do are
either taken to test a principle or practice of law, or are of a large value
i.e. atypical of the majority.



When it comes to damage to property, you may want to run any issue of
nuisance alongside that of negligence..in which case, if in Scotland, you
want to use the word "delict" alongside that of "tort" in  your Google
searches.



In terms of damage, look at para 31 of [2011] EWHC 1353 (TCC)  Berent v
Family Mosaic et al; bear in mind that this went onto the Court of Appeal
[2012] EWCA Civ 961 & that it interacted with another case Robbins v London
Borough of Bexley [2012] EWHC 2257 (TCC). Since then things have settled
down, but we are all walking around looking for "hot spots".



If you wonder what these references mean visit  http://www.bailii.org/ .
Should provide you with enough to go on!



Jon






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