Le Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002] EWCA Civ 1723 (07 November 2002)

Le Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002] EWCA Civ 1723 (07 November 2002)

Portsmouth City Council exercised sufficient control over the trees to be liable in nuisance and negligence; claimant gave reasonable opportunity to abate the nuisance; underpinning was necessary due to lack of assurance of tree management; appeal dismissed.

Citation
[2002] EWCA Civ 1723
Parties
Claimant/respondent: LE Jones (Insurance Brokers) Limited; Defendant/appellant: Portsmouth City Council
Jurisdiction
England and Wales
Judgment Date
07 November 2002
Procedural Posture
Appeal From High Court (queen's Bench Division, Technology and Construction Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Nuisance, Negligence, Liability for Subsidence, Duty of Care, Mitigation of Loss
Tort Law Property Law Nuisance Negligence Liability for Subsidence Duty of Care Mitigation of Loss

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Parties

LE Jones (Insurance Brokers) Limited

Claimant/respondent

Portsmouth City Council

Defendant/appellant

Procedural Posture

Appeal From High Court (queen's Bench Division, Technology and Construction Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Portsmouth City Council was the correct defendant for liability in nuisance and negligence
  2. 2 Whether the claimant failed to give Portsmouth the opportunity to abate the nuisance
  3. 3 Whether underpinning of the property was necessary and reasonable

Ratio Decidendi

Portsmouth City Council exercised sufficient control over the trees to be liable in nuisance and negligence; claimant gave reasonable opportunity to abate the nuisance; underpinning was necessary due to lack of assurance of tree management; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Costs assessed at £18,000 plus VAT