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In a tree roots claim you can include a claim for damages for distress and
inconvenience (ie on top of the cost of rebuilding, repairing etc). In general
terms, these extra damages cover ‘physical inconvenience and discomfort’
(Watts [1991]). But, how much should be awarded?
A recent ‘straightforward’ case of subsidence involved a preliminary period
of five years, during which the claimant made her claim, her insurers wrote
to the tree owner, trial holes were dug, and the position was monitored.
Eventually, works were authorised, and a second period of inconvenience
followed when the claimant had to move out of the premises for one year.
The judge awarded £1,000 for the period of the first five years, and £1,250
for the one year in alternative accommodation. Since this seems to have
been a typical subsidence case, this does form a useful guideline – £200pa
for general distress and inconvenience and then £1,250pa for moving out.
Eiles v Southwark LBC [2006] EWHC 1411 (TCC).
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October 2006 |
