Ealing London Borough Council were today held liable for tree root damage to a property in Woodfield Road, Ealing.
The court had been asked to decide whether the subsidence damage to the semi-detached house was caused by roots from a large oak tree on the highway, or by other vegetation situated in the front garden of the damaged property and a neighbouring property.
Judge Anthony Thornton considered that it was clear that the problems were caused by the oak tree, which was the local council’s responsibility.
He ruled that the council were therefore liable in nuisance for the damage, and the agreed damages of £55,246.
Malewski and another v Ealing London Borough Council Technology and Construction Court (Judge Anthony Thornton QC) 28 March 2003.
Dore Green (instructed by Plexus Law) appeared for the claimants; Timothy Lord (instructed by Barlow, Lyde & Gilbert) appeared for the defendants.
References: PLS News 28/3/03
