Paterson v Humberside CC [1995]

The claimant claimed damages in nuisance and negligence against the local council, as cracks had appeared in the walls of his house. These were due to subsidence of the property caused by trees, for which the council was responsible, which were drying out the soil. The soil was of medium shrinkability.

HELD: The court decided that the risk of damage caused by tree roots was foreseeable to the council, as it had knowledge of the type of soil in the locality. This had been shown by its advice to property owners. Consequently, the council could be held liable in nuisance and negligence.
However, the claimant’s claim for breah of statutory duty was denied because the trees had not been planted under the council's powers under the Highways Act 1980 s.96.
The judge an injunction for removal of the tree.

Citation: Paterson v Humberside CC [1995] E.G. 39 (C.S.)