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UK Law Case |
Solloway v Hampshire County
Council. 1981 |
| In this case
Hampshire County Council (HCC) were appealing against a previous judgement made against
them in favour of a home owner B.Solloway. The history of the case centred around
subsidence damage caused to a house by a Horse Chestnut tree owned by HCC. Judgement was
made that the encroachment of the tree roots from the adjacent highway constituted a
nuisance and that the highway authority were responsible for damage caused. The outcome
of the appeal depended upon whether HCC could reasonably have foreseen that a risk of
subsidence existed from the presence of the roots. Geological maps showed that the area
around the house was of plateau gravel; however, it was found that sections of the house
rested on small pockets of clay which were not shown on geological maps. The Court of
Appeal ruled that the location of the small clay pockets was not reasonably foreseeable
and hence there was no breach of duty on the part of HCC. The appeal was allowed. |
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| Further Information relevent to
this case. |
| Solloway v
Hampshire County Council. Court of Appeal, 26/2/1981. Detailed
report of proceedings, Estates Gazette May 30th 1981 Vol 258. |
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