Don Phillips V LB Lambeth

01 Jan 2018


Defending a claim in disrepair and nuisance brought against the local authority relating to subsidence caused by soil desiccation linked to tree roots. The issues in the litigation included:

(a) whether the authority were on notice that such soil desiccation was reasonably foreseeable;

(b) whether the authority had failed to act within a reasonable period of such notice; and

(c) the extent to which other trees for which the authority was not responsible caused the index desiccation.