Added on 30/12/2011Law Case (1950 +)

Chapman v Barking & Dagenham London Borough Council. 1997


Queens Bench Divisional Court. 1997




This case involved a claim by the plaintiff against the Borough Council for damages against injury when a branch from a council owned Horse Chestnut tree, fell in a storm, onto the plaintiffs vehicle causing serious physical injury.
The tree had been pruned some years before and should have been regularly inspected since Horse Chestnuts trees are prone to decay quickly around major pruning wounds. The council had no formal system for the inspection of trees in their ownership.

During this case, reference was made to an earlier case where it was upheld that "a person is liable for a nuisance caused by the state of his property if (1) he causes it, (2) by the neglect of some duty he causes it to arise, or (3) when it has arisen without his own act or default, he omits to remedy it within a reasonable time......".


The defendants were found liable.
The defendants appealed but this was overturned.





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