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ALARM Tree root seminar - 26 April 2006

ALARM Tree root seminar - 26 April 2006. 13.30 Andrew Plunkett, BLM 14.00 Chris Robbins, RBKC 14.30 Pat Robson, John Chick and Partners 15.00 Coffee 15.20 Chris Neilan,DC 15.50 John Parvin, Zurich Insurance 16.20 Questions and answers 17.00 Finish . Tree root subsidence.

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ALARM Tree root seminar - 26 April 2006

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  1. ALARM Tree root seminar - 26 April 2006 13.30 Andrew Plunkett, BLM 14.00 Chris Robbins, RBKC 14.30 Pat Robson, John Chick and Partners 15.00 Coffee 15.20 Chris Neilan,DC 15.50 John Parvin, Zurich Insurance 16.20 Questions and answers 17.00 Finish

  2. Tree root subsidence 26 April 2006 Andrew Plunkett Solicitor, BLM London

  3. Basic requirements • Ownership by claimant • Control by LA

  4. Four elements of nuisance • Tree roots intrude • Cause damage • Reasonably foreseeable • Tree maintenance

  5. Cause damage… • Paterson v Humberside 1995 – substantial and effective cause • Loftus-Brigham v Ealing CA 2003 • Delaware Mansions HL 2001 – damage to load-bearing qualities of residential land

  6. Notice Delaware Mansions • Lord Cooke: ‘the defendant is entitled to notice and a reasonable opportunity for abatement before liability for remedial expenditure can arise’ • Jones v Portsmouth CA 2002 – 3 months sufficient notice • Kirk v Brent CA 2005 – formal notice not necessarily required

  7. Defences in practice • Tree causing damage • Mitigation – pruning, barrier, removal etc • Ownership, control • Foreseeability • Maintenance • Contributory causes of damage • Reasonable notice • Limitation

  8. TPO claims • Statutory liability TCPA 1990 • Lands tribunal

  9. ALARM protocol • Helping LA’s to manage the claims process • Approved by the LTOA

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