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08 February 2007 / Sebastian Neville-clarke
Issue: 7259 / Categories: Features , Property
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The root cause

Are courts changing their approach in cases involving tree root damage? Sebastian Neville-Clarke reports

 

Two recent cases show that the courts are reassessing their approach to property damage caused by the action of tree roots encroaching from neighbouring land. In Perrin v Northampton Borough Council [2006] EWHC 2331 (TCC), [2006] All ER (D) 08 (Oct) the rogue tree was an oak in the second and third defendants’ garden. It was made the subject of a tree preservation order (TPO) by the first defendant local authority in 1975. The assumed facts were that in 2003 the action of the roots of the tree caused internal and external cracking to the claimants’ house. In 2004 the claimants sought permission from Northampton Borough Council to fell the tree.

Permission was refused. In 2005 the secretary of state dismissed the appeal, noting that the tree merited outstanding status, was of high amenity value and that there was an engineering alternative to the removal of the tree. It was common for local authorities to refuse permission to fell

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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