Damages – tree roots Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55 Summary Where there is a continuing nuisance, which a defendant knows about or ought to know about, the claimant is entitled to the reasonable costs of eliminating the nuisance if he has given notice of the problem to the defendant and a reasonable opportunity to deal with it. More detail The council refused to remove a mature plane tree that was causing damage to a building.…
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