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Delaware v. City of Westminster ([2001] UKHL 55) is an English court ruling on nuisance, addressing the question of liability for repairing damage caused by tree roots. The court upheld a ruling of the Court of Appeal, stating that if a defendant knew about a continuing nuisance (in this case, cracking caused by tree roots), and had been given notice and opportunity to deal with it but failed to do so, then a claimant was entitled to receive costs for removing the nuisance themselves. It is a leading case in the Law of Nuisance, Trees and Forestry.

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  • Delaware Mansions Ltd v City of Westminster (en)
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  • Delaware v. City of Westminster ([2001] UKHL 55) is an English court ruling on nuisance, addressing the question of liability for repairing damage caused by tree roots. The court upheld a ruling of the Court of Appeal, stating that if a defendant knew about a continuing nuisance (in this case, cracking caused by tree roots), and had been given notice and opportunity to deal with it but failed to do so, then a claimant was entitled to receive costs for removing the nuisance themselves. It is a leading case in the Law of Nuisance, Trees and Forestry. (en)
name
  • Delaware v. City of Westminster (en)
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citations
  • [2001] UKHL 55 (en)
court
  • House of Lords (en)
full name
  • Delaware Mansions Limited and Others v. Lord Mayor and Citizens of The City of Westminster (en)
judges
  • (en)
  • Lord Browne-Wilkinson (en)
  • Lord Cooke of Thorndon (en)
  • Lord Hutton (en)
  • Lord Steyn (en)
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  • 51.526224 -0.190482
has abstract
  • Delaware v. City of Westminster ([2001] UKHL 55) is an English court ruling on nuisance, addressing the question of liability for repairing damage caused by tree roots. The court upheld a ruling of the Court of Appeal, stating that if a defendant knew about a continuing nuisance (in this case, cracking caused by tree roots), and had been given notice and opportunity to deal with it but failed to do so, then a claimant was entitled to receive costs for removing the nuisance themselves. It is a leading case in the Law of Nuisance, Trees and Forestry. Delaware was the last case in which Lord Cooke of Thorndon sat as a Lord of Appeal in Ordinary. (en)
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  • POINT(-0.19048200547695 51.526222229004)
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