Causation in Natural Nuisance Cases - A 1 Hour Guide
This intermediate level webinar will deal with the foundations of nuisance and the evidence necessary to establish causation and loss.
It will focus primarily on nuisance by fire, water and tree roots including an examination of the most recent case law and how best to scrutinise and use expert evidence to help prove your case.
What You Will Learn
This webinar will cover the following:
- A reminder as to what nuisance is and the elements that must be proved
- Potential defences
- Proving causation in nuisance cases particularly involving water, fire and tree roots
- The difficulties of running nuisance cases in respect of the escape of water
- A discussion of the overlap with the rule in Rylands and Fletcher
- Using expert evidence
- Assessing potential remedies and deciding if an interim injunction application should be made
- Proving and properly documenting loss
- An analysis and discussion of the most recent case law including life after Berent v Family Mosaic Housing and London Borough of Islington (tree roots)