Berent v Family Mosaic Housing & Ors [2011] EWHC 1353 (TCC) (25 May 2011)

Berent v Family Mosaic Housing & Ors [2011] EWHC 1353 (TCC) (25 May 2011)

The Defendants' London plane trees were an effective and material cause of desiccation and subsidence to the front and left of the Claimant's property from 2004 onwards, and both Defendants failed to abate the nuisance by not removing their trees by Autumn 2010. The Defendants are liable in nuisance and negligence for the inconvenience and loss of amenity suffered by the Claimant from Autumn 2010 onwards.

Citation
[2011] EWHC 1353 (TCC)
Parties
Claimant: Mrs Gretelmay Anna Berent; First Defendant: Family Mosaic Housing (incorporating Mosaic Housing Association); Second Defendant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
25 May 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimant in part
Legal Topics
Nuisance, Negligence, Tree Root Subsidence, Duty of Care, Foreseeability, Abatement of Nuisance, Tree Preservation Orders
Tort Property Local Government Nuisance Negligence Tree Root Subsidence Duty of Care Foreseeability +2 more

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Parties

Mrs Gretelmay Anna Berent

Claimant

Family Mosaic Housing (incorporating Mosaic Housing Association)

First Defendant

London Borough of Islington

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants' trees caused or materially contributed to subsidence damage to the Claimant's property
  2. 2 Whether the Defendants owed and breached a duty of care in nuisance and/or negligence
  3. 3 Whether the Defendants acted reasonably in abating the nuisance

Ratio Decidendi

The Defendants' London plane trees were an effective and material cause of desiccation and subsidence to the front and left of the Claimant's property from 2004 onwards, and both Defendants failed to abate the nuisance by not removing their trees by Autumn 2010. The Defendants are liable in nuisance and negligence for the inconvenience and loss of amenity suffered by the Claimant from Autumn 2010 onwards.

Court Disposition

Judgment for the Claimant in part

Orders

  • Defendants found liable in nuisance and negligence for failure to abate nuisance by Autumn 2010
  • Damages of £5,000 awarded to the Claimant for inconvenience and loss of amenity from Autumn 2010 onwards