23 June 2011
Berent v Family Mosaic Housing and another [2011] EWHC 1353 (TCC), [2011] All ER (D) 75 (Jun)
The test of whether there was root subsidence damage was whether the relevant trees were an effective and substantial cause of the recent damage, they need not be the sole cause of damage. In tree root cases, the question to be asked was whether the defendant(s) had acted reasonably. Where a claimant had brought a claim in negligence and nuisance, the claimant had to prove that a duty was owed and that it was breached. The test of forseeability was whether the risk was one which a reasonable person in the defendant’s position would have regarded as a real risk.
