SEEING THE WOOD FOR THE TREES
AND APPORTIONMENT OF DAMAGE
The majority of Susan’s practice is focused on building relatedmatters. She has experience of a wide spectrum of construction andengineering disputes, and of professional negligence and feerecovery of engineers, architects and surveyors. Susan is a charteredarbitrator and has undertaken appointments to act as adjudicator.She also has experience of acting as party representative inadjudication and mediation.Before coming to the Bar Susan practised as an architect. She haspractical experience of design and build procurement and acting as acertifying architect in traditional contracting arrangements.
The tree root case of
Loftus-Brigham v Ealing LBC
(2004) Const.L.J. 82, in which the Court ofAppeal remitted the matter for re-trial, has been compromised. The Court of Appeal’s judgmentconcerned the correct causation test to apply in such cases. The Defendant’s petition to House ofLords was refused. Now that these particular facts will not be put before a court again, it is