Khan & Anor v Harrow Council & Anor

Khan & Anor v Harrow Council & Anor

Mrs Kane is liable in nuisance for damage caused to the claimants' property by the cypress hedge H1, as a reasonably prudent landowner would have appreciated the real risk of subsidence damage posed by H1, but not by Oak Tree T1. The claimants are contributorily negligent to the extent of 15% for failing to communicate risks and damage to Mrs Kane.

Parties
Claimant: Saqib Khan; Claimant: Shazia Khan; Defendant: Harrow Council; Defendant: Helen Sheila Kane
Jurisdiction
England and Wales
Judgment Date
03 September 2013
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimants against the second defendant (Mrs Kane) for nuisance caused by H1; no liability for T1.
Legal Topics
Nuisance, Negligence, Tree Root Damage, Foreseeability, Contributory Negligence, Mitigation of Loss
Tort Property Law Nuisance Negligence Tree Root Damage Foreseeability Contributory Negligence Mitigation of Loss

Case Brief

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Parties

Saqib Khan

Claimant

Shazia Khan

Claimant

Harrow Council

Defendant

Helen Sheila Kane

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Was the damage to the claimants' property from the defendant's Oak Tree T1 and Lawson Cypresses H1 reasonably foreseeable?
  2. 2 Did the Lawson Cypresses H1 materially contribute to the damage to Area B of the claimants' property?
  3. 3 Did the defendant act reasonably to prevent the damage?

Ratio Decidendi

Mrs Kane is liable in nuisance for damage caused to the claimants' property by the cypress hedge H1, as a reasonably prudent landowner would have appreciated the real risk of subsidence damage posed by H1, but not by Oak Tree T1. The claimants are contributorily negligent to the extent of 15% for failing to communicate risks and damage to Mrs Kane.

Court Disposition

Judgment for the claimants against the second defendant (Mrs Kane) for nuisance caused by H1; no liability for T1.

Orders

  • Mrs Kane to pay damages of £17,269.84 to Mr and Mrs Khan.
  • Parties to agree interest and costs; if not agreed, court to determine at later date.