EN-GB

Subsidence

Claims related to property damage caused by subsidence are unique. They can be technically complex, unpredictable in duration, sporadic in number and expensive to conclude. These claims require support from lawyers who can provide a comprehensive service with a sector perspective. We provide innovative, specialist advice to ensure your claim is dealt with as swiftly and concisely as possible.

Overview

We have dedicated specialist subsidence lawyers with the flexibility and capability to deal immediately with urgent issues and/or a claims surge period.

Our team has unrivalled market knowledge having worked on many key Civil Court and Upper Tribunal decisions which have shaped the law in this area.

We can help you mitigate claims and keep indemnity spend down. With both claimant and defendant experts we can pursue recoveries and defend liability claims. We also provide training sessions on subsidence claims for your team.

We are specialists in handling TPO compensation claims before the Lands Tribunal. Our property insurance lawyers provide pragmatic and tailored advice from their chosen area of legal expertise.

With deep experience in handling a wide range of claims in this industry including highly complex matters, we deliver strategic solutions with a proactive approach.

We have huge strength in London, internationally and across the regions which allows us to offer a variety of solutions and resource. Our subrogation capability expands across all lines of business.

Featured experience

Ownership of numerous successful and key Civil Court and Upper Tribunal decisions which form the law in this area:

  • Greenwood v Portwood (1984) which held that damage caused by a tree to a neighbour's property could not have been foreseen by a domestic tree owner and that he was therefore not liable.
  • Delaware Mansions Limited v City of Westminster (2001), the House of Lords clarified that a tree owner is entitled to be given notice and a reasonable opportunity to abate (ie remove the tree) before liability for expenditure can arise.
  • The Keepers and Governors of the Possession Revenues and Goods of the Free Grammar School of John Lyon v The City of Westminster (2012). Where a tree is subject to a TPO and an application for consent to fell is refused the Upper Tribunal (Lands Chamber) can award the Claimant all costs caused or incurred in consequence of the refusal of consent, taking into account evidence obtained after refusal.

Client Testimonials

What our clients say

  • ”

    That’s great! Thanks for all your efforts.

    Emma Eastwood, Innovation Group (for Aviva)

  • ”

    This is good news, we are delighted that you can recover our legal cost. Well done!

    Helen Else, Zurich

Subsidence key contacts

There are no matching people, please try a different filter.

Martin Holmes

Partner

Bristol

Martin Holmes

Partner

Bristol

+44 (0)117 918 2072

View profile

Katrina Davies

Legal Director

Birmingham

Katrina Davies

Legal Director

Birmingham

+44 (0) 121 698 5790

View profile

Jodie Wadrup

Chartered Legal Executive

Birmingham

Jodie Wadrup

Chartered Legal Executive

Birmingham

+44 (0)121 698 5423

View profile

Who we are

Why choose DAC Beachcroft?

We’re a broad-based commercial firm serving a wide range of sectors with a strong heritage in insurance,
health and real estate. We combine excellent legal skills and cutting-edge delivery expertise to design
solutions that fit the needs of our clients – often involving clever uses of technology.

More about us