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06 October 2017
Issue: 7764 / Categories: Case law , Law digest , In Court
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Tort

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South Gloucestershire Council v Burge and another [2017] EWCA Civ 1313, [2017] All ER (D) 14 (Oct)

The provisions of art 9(4)(c) of the Tree Preservation Order 2007 (TPO) related to the exclusions of the entitlement to compensation under art 9 of the TPO and were not tied to a specific point in time at which the question fell to be considered. The Upper Tribunal (Lands Tribunal), in deciding compensation, had restricted its conclusions solely to a particular point in time. The Court of Appeal, Civil Division found that that had been to impose an artificial constraint on the consideration of reasonable foreseeability of the relevant ‘loss or damage’ and reasonable steps ‘to avert it’ or ‘to mitigate its extent’.

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