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.
[2] Eventually, in October 1991, Westminster Council - the owners of the tree - cut back the roots, and through January–July 1992 Flecksun - the freeholders - carried out a program of structural underpinning to stabilise the building.
[4] The issue was complicated by the fact that, until June 1990 - just before Westminster was first notified of the damage - the freehold to the estate was owned by the Church Commissioners; the sale did not contain any mention of the right to legal action for nuisances.
[6] The case was initially heard by the Official Referees' Court, where Recorder Derek Wood QC dismissed Flecksun's claim (as well as that of Delaware Holdings, their parent company).
[7] The case has been discussed extensively by Jason W. Neyers in his paper "Lord Cooke of Thorndon's Final Appeal.