This case is of potential interest because of the sums involved - a claim for £570,735 in respect of a single plane tree.
The facts can be summarised. The claim involved a plane tree growing in the pavement outside Delaware Mansions, which is a terrace of 5 storey properties built in about 1900. Plane trees were planted in the pavement soon after, only one of these surviving in the relevant section of the road. This tree had been subject to regular pollarding until the late 1960's, but was subsequently allowed to grow a larger crown with only intermittent pruning. Management in this way is common with street trees [p228]. In 1989 damage occurred to 3 of the blocks in the terrace, and shortly after the freehold was sold to the Plaintiffs for a nominal sum. It was agreed that no further damage occurred after the transfer of ownership. Engineers acting for the Plaintiff advocated removal of the plane tree, but the City of Westminster declined to take such action, only agreeing to a root barrier. It was agreed that the tree was involved and that if it had been removed, the cost of repairs would have been about £14,000. However, as the tree was still present, the Plaintiff considered that the only remedy was to underpin all three blocks, with an extensive traditional and pile system. The cost for this work, and associated expenses, formed the major part of the claim.
In the initial court case it was held that the cause of action arose in 1989 during the previous ownership, and so did not accrue for the benefit of the plaintiffs. This decision was reversed at appeal. It was held that the encroachment of roots constituted a continuing nuisance, and that the owner was entitled to a declaration, to abate the nuisance, and to damages for physical injury (as had been established in a number of previous cases). On the same principle he is entitled to the reasonable cost of eliminating the nuisance if it is reasonable to do so. The actual and relevant damage is therefore the cost of the necessary and reasonable remedial work, and so the time when the damage occurred was not relevant.
The case is unusual because of the change in
ownership. However, it provides a salutary lesson on the need to take
appropriate action to prevent a continuing nuisance [p352]. Retention of
the single tree resulted in the claim for more than £570,000 which, with
interest and costs, probably totalled more than £1 million. The
plaintiff's investigations were woefully inadequate, but as no request had been
made at the relevant time for further information [p353], this did not provide a
viable defence.