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UK Law Case Summary

Buckle v. Holderness Borough Council.   

1996.
This case involved a claim by the plaintiff against Holderness BC for compensation following the councils refusal to grant permission to fell an Ash tree which was the subject of a tree preservation order and was considered to be causing damage to his house. The original application to remove the tree also went to the Secretary of State for the Environment for appeal and this was also refused.

The plaintiff now sought compensation for costs incurred for the remedial works made to the house, for professional fees and for the cost of the unsuccessful appeal made to the Secretary of State for the Environment. Additionally, the plaintiff also claimed interest on these amounts.

The plaintiff was successful in recovering the sum of £13,675 as compensation for the councils refusal to grant permission to remove the tree.


Glossary
  • Appellant = A person who appeals to a higher court.
  • Defendant = A person accused or sued in a court of law.
  • Plaintiff = A person who brings a case against another in a court of law.
  • Respondent = A defendant (esp. in an appeal case).

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