Elliott v Islington LBC
Elliott v Islington LBC
- 1991
- Estates Gazette (1991) 10 EG 145-149(3) .
CA 5 July 1990. Appeal by defendant borough (I) against a HC decision refusing to set aside an injunction requiring (I) to remove a tree invading the plaintiff Elliot`s (E)`s property. Tree belonging to I was not subject to a tree preservation order . I offered remedial measures to rebuild E`s wall around the tree. I cited Shelfer v City of London Electric Co whereby damages could be given in lieu of an injunction if the plaintiff`s legal rights were small. CA dismissed the Shelfer ruling in this instance. Held that breach of a citizens rights could not be corrected by a small money payment in this instance and in its view an order to remove the tree would not be in the least oppressive. Appeal dismissed.
NUISANCE
CA 5 July 1990. Appeal by defendant borough (I) against a HC decision refusing to set aside an injunction requiring (I) to remove a tree invading the plaintiff Elliot`s (E)`s property. Tree belonging to I was not subject to a tree preservation order . I offered remedial measures to rebuild E`s wall around the tree. I cited Shelfer v City of London Electric Co whereby damages could be given in lieu of an injunction if the plaintiff`s legal rights were small. CA dismissed the Shelfer ruling in this instance. Held that breach of a citizens rights could not be corrected by a small money payment in this instance and in its view an order to remove the tree would not be in the least oppressive. Appeal dismissed.
NUISANCE