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UK Law Case |
Chapman v Barking &
Dagenham London Borough Council. Queens Bench Divisional Court.
1997 |
| This case
involved a claim by the plaintiff against the Borough Council for damages against injury
when a branch from a council owned Horse Chestnut tree, fell in a storm, onto the
plaintiffs vehicle causing serious physical injury. The tree had been pruned some years
before and should have been regularly inspected since Horse Chestnuts trees are prone to
decay quickly around major pruning wounds. The council had no formal system for the
inspection of trees in their ownership. During this case, reference was made to an
earlier case where it was upheld that "a person is liable for a nuisance
caused by the state of his property if (1) he causes it, (2) by the neglect of some duty
he causes it to arise, or (3) when it has arisen without his own act or default, he omits
to remedy it within a reasonable time......".
The defendants were found liable. |
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| Further Information relevent to
this case. |
| Chapman v
Barking and Dagenham London Borough Council. Queens Bench Division,
16/5/1997. Detailed report of proceedings. Estates Gazette November 29th 1997. Issue 9748. |
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