Unpopular decision to prevent Leakey situation

Consistory court examines subsidence from trees where local council has responsibility for a closed churchyard

Nothing to do with roofs and guttering, but the potential liability in tort for events caused by nature where no human activity was involved, as in Leakey & Ors v National Trust [1979] EWCA Civ 5, [1980] QB 485; i.e. a situation similar to that to which we referred regarding the landslip from St Mary’s churchyard, Whitby. As with the recent news item on removing “rough sleepers” who had set-up camp in St Giles’ churchyard, Oxford, the case of Re Christ Church Lye [2015] Worcester Const Ct Charles Mynors Ch highlights another of the lesser known duties of local councils who have taken responsibility for the “care and maintenance” of a closed churchyard under section 215 Local Government Act 1972. Continue reading