R (Smar Holdings Ltd) v Secretary of State for Environment, Foor and Rural Affairs [2025] EWCA Civ 1041
What the case was about Smar Holdings unlawfully felled trees on land in Keynsham without a felling licence, triggering a restocking notice (RSN) under s.17A Forestry Act 1967. On appeal to the Secretary of State, Smar argued: The land was proposed for housing allocation in an emerging local plan. It would be in the public […]
Rights In Rem vs Rights In Personam: Why the Difference Matters in Tree Law (and What the Newport Case Shows Us)
In tree law, words matter, sometimes more than people realise. Two phrases that seem abstract in a law textbook, in rem and in personam, become vitally important when we’re dealing with Tree Preservation Orders (TPOs), enforcement, and the consequences of unlawful works. Recently, the distinction became very clear in the well-publicised Newport City Council case, where substantial unlawful works to protected trees resulted […]
Case Summary: Cordin & Others v Newport City Council
High Court (TCC), Graham Jones J Claim No: TCC/07/06/CF0185 Judgment: 2009 Background On 30 October 2000, severe flooding occurred in the Crindau area of Newport, affecting around 130 homes, including the claimants’ properties. The flooding arose from the Malpas Brook after heavy rainfall and inadequate management of the Gwaelod‑y‑Garth reservoir and associated sluice gate. […]
Tree Root Subsidence: Succeeding in a legal claim
Once a property has been repaired, the focus often turns to recovery — recouping the insurer’s outlay from the tree owner whose negligence allowed the damage to occur. These are private-nuisance claims, and they look deceptively simple. In reality, they turn on fine legal distinctions that can make or break recovery. The five hurdles to […]
R v Chamdal [2025] EWCA Crim 1384 – Sentencing Summary and Practice Implications
Case: R v Chamdal [2025] EWCA Crim 1384 (Court of Appeal (Criminal Division), 3 November 2025) Statute: Town and Country Planning Act 1990, s.210(1)(c) (contravention of TPO); s.206 (replanting duty). ———————————————————— 1. Facts & Procedural History – Appellant pleaded guilty on re‑arraignment to contravening a TPO at the former Debden Hall Estate, […]
Case Update: Homeowner Wins £423,000 in Landmark Persimmon Foundations Case
What this means for property owners, developers, and professionals dealing with ground movement and defective construction. Background A recent High Court judgment — Mallas v Persimmon Homes Ltd [2025] EWHC 2581 (TCC) — shines a spotlight on the consequences of getting foundation design wrong. Mr Ioannis Mallas purchased a newly built Persimmon home in Reading in 2015 for £649,495. […]
When the berries bite back: What the law says about poisonous plants & berries
Introducing this week’s guest blogger; Lili-Berri, Tree Law’s new paralegal Lili says: “I spent some time recently researching and collating information about poisonous berries. I was shocked to learn how common poisonous berries are in the UK, and the extent of damage they can inflict on a person/animal. In my opinion there is a serious […]
Crown Court Confirms Liability for Felling TPO Trees in Wales
Tree Law is proud to have represented Newport City Council in a landmark prosecution that has provided vital clarity for planning authorities across Wales. On 22 August 2025, Newport Crown Court dismissed Mrs Claire Rands’ appeal and upheld her conviction for the unlawful felling of a lime tree protected by a Tree Preservation Order (TPO). […]
Tree valuation: what have the civil & criminal courts said?
Valuing Trees in the Eyes of the Law: Lessons from Key Tree Damage Cases Before the sentencing is handed down in the Sycamore Gap case next week I have reflected on how damage to trees has been valued in past UK Court decisions. This is across both the civil, criminal and tribunal court. When trees […]
Property Owners: Whose line is it anyway?
Property boundaries can give rise to some tricky disputes, from a neighbour replacing their boundary fence and shifting the boundary line slightly to a tree situated on the boundary line and causing inconvenience or damage to one side or the other. The last thing any of us wants is to be in dispute with a […]
