000 01448cam a2200253 4500
001 ABS65067
008 020208n2001 000 0 eng u
035 _a(Sirsi) u116669
100 _aWignall, G
245 _aTree root subsidence after Delaware Mansions
260 _c2001
490 _aSolicitors' Journal
_v145(47) 14 December 2001, 1148-1149(2)
520 _aExamines the consequences of the recent "Delaware Mansions v Westminster CC" decision concerning liability of tree owners for property damage caused by their trees. The HL upheld the new owners' claim for root damage despite English law generally not allowing a person to recover damages for loss that has been incurred by someone else. HL applied the rule established by " Sedleigh-Denfield v O'Callaghan" (1940) that a landowner on whose land a hazard arises is under a duty of care to take such steps as are reasonable to ensure his neighbour does not sustain damage. Full copy of HL judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm.
590 _aABS
650 _aDELAWARE MANSIONS AND FLECKSUN V WESTMINSTER CC
650 _aTREE ROOT SUBSIDENCE
650 _aLANDOWNERS
650 _aLIABILITY
650 _aDUTY OF CARE
650 _aTREE ROOTS
690 _aPROPERTY
856 _uhttps://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011025/dela-1.htm
942 _n0
999 _c69481
_d69481