[2025] UKUT 053 (LC)

It was essentially the claimant’s case that the presence of a clay subsoil with high volume change potential, the presence of oak tree roots beneath foundation level, a record of seasonal and cyclical structural movement, and the presence of a high water demand tree (T1) at a distance of 1.1 times its height, were clear evidence that T1 was an effective and substantial cause of damage to the property.

Mr Green made comprehensive submissions on the authorities which had considered the appropriate tests for causation.