AIE - Law Case - Mills/Smith

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UK Law Case Summary
Mills v. Smith (Sinclair Third Party).	Queens Bench Division. 7th Feb 1963. Paull J.
This case involved subsidence damage caused to the plaintiffs house by an Oak tree growing in his neighbours (the defendants) garden. The soil was London clay and judgement was given against the defendant who was held liable for damages caused by the actions of his tree roots. Although the defendant had an insurance policy which had provision for accidents, the insurance company (the third party) would not pay out on such a claim because in their view, damage caused by the natural growth of a tree and its roots, could not be classified as an accident. The defendant sought a declaration in this case that the insurance company were in fact liable for this claim. Judgement was given to the defendant and the insurance company were ordered to indemnify him for any sums which he may have to pay to the plaintiff. It was held that the tree roots had caused an accident because, at a specific moment in time, they had caused an unexpected event which had then caused the overstepping of the building safety limit.

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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