Dear Tree Supporters,

We are so hugely grateful to you. This page is now closed for donations but please do donate and share our Go Fund me page here.  https://gofund.me/9e299b04

It has been 18 months since we began fighting to save this tree, which has seen a few different legal processes, at the local and high court, brilliant press, films and radio stories made about, it's been slept in, residents have sat at the base of its trunk for days, weeks, months on end. 

Why?

Because we believe this one tree is a test case for a legal precedent that is unfairly weighted against trees, a home insurance system which only has to implicate trees to fell them, rather than fufil its obligations to the home owner, and whose bullying and presssuring tactics is incrementally, one-by-one denuding our streets of a vital barrier of green infrastructure, vital for our health in the deepening climate crisis, vital for our mental health.

https://www.youtube.com/watch?v=CSKYGHhV7q

The fight for the test case Oakfield plane tree continues and will be decided from Dec 11 onwards. We are supporting the legal fund to do this but we DO NEED YOU TO DONATE if you can again and PLEASE SHARE our general fundraising page.

We are supporting the legal fund for this - we have around £3000 so far but need to get to £5000 and above (the amount on the Go Fund Me page does not reflect true figure as money has been spent on campaigning and legal fees over the last few years)

PLEASE SHARE AND DONATE IF YOU CAN.  

Thanks Gio, Jo, Holly, Annette, Jane

Our website is here: haringeytreeprotectors.co.uk - still a few pages to go up (resources etc) but it's almost there.

Thanks to your support there is another lease of life on the tree. An injunction hearing on Wednesday found in favour of one of the householders that the felling should not anticipate the FSO rulings (due by mid December). The actual hearing of Judicial Review will be soonest date 'after Dec 11'. It's very significant that this amounts to a recognition that Allianz's case against the Council (public law) should take account of the process of Financial Service Ombudsman hearings (private law), something which the insurers and their representatives, Crawfords, have been keen to avoid. It also means that all the documentation revealing the collusion between insurance companies in the two householders' cases will now be made public and will need to be taken into account in Allianz's case against the Council to be heard in the Central County Court this Monday 27 November at 10.30am. This should strengthen Haringey Council's hand against the scale of damages they are being sued for

Thank you everybody. 

We will continue to contest the injustice at various levels which the attack against the plane tree represents

https://gofund.me/7d70acaf

Thanks HARINGEY TREE PROTECTORS

PLEASE DONATE TO OUR GENERAL FUND RAISER BELOW: 

https://gofund.me/7d70acaf

We urgently need more funds to help support THE FINAL legal battle to save our test case 120-year-old Plane Tree on Oakfield Road, N4. Lawyers have advised that this is the most effective way to keep the tree standing.

But time is running out.

The council want to fell the tree next week on Thursday 23rd Nov but we need to stop it.

Please share the fundraiser in the link above as widely as you can and donate it if you can!

Thanks so much, Haringey Tree Protectors

With your support the Oakfield Road tree has remained standing since the last injunction process - 12.04.23 - see last update. This is a major triumph! 

But now Haringey Council is back to fell the tree on November 23rd faced by a court case being brought against it by Allianz Insurers on 27 November 2023. The insurers are back on the offensive.

For over a year we have fought against the lobbying power and money of the three companies - Allianz, Aviva and Crawfords - mounting the attack on the tree and what it represents. We really need your support now to defend citizen's rights in this critical last round. 

Through forthcoming court action Allianz hopes to bi-pass the Financial Services Ombudsman (FSO) which have already found in favour of two householders' claims filed against the two respective home insurers involved in this complex case, Allianz and Aviva. These recommendations would allow the tree to stand. The insurers have appealed but know it is likely that the final ruling, legally binding, will go against them forcing them to pay what it costs to deal with subsidence with proper underpinning. So they have resorted to more legal action to achieve their aim - to blame the tree, get it felled, and force the Council to pay. 

There is evidence to argue that Haringey Council should never have accepted liability for damages in the first place. However, the decision to fell now is also irrational because it is a matter of weeks until the Financial Services Ombudsman's final rulings - on December 7 & 14 respectively - and as it is autumn/ winter the tree poses no current threat. 

The insurers know that this case could set awkward precedents by highlighting the mediating role of the FSO,  residents' rights to proper consultation and transparency under the Environment Act as well as calling in question the law which allows them to fell our trees and claim damages against our local Councils to offset their costs. The stakes are high and they are throwing everything at it.

To fight this Haringey Tree Protectors will support an injunction against the felling to be lodged by a householder. To see this process through against the interests of 3 US-based companies with deep pockets, we are calling for your continued support. Please contribute via HTP's direct crowd funder site at https://gofund.me/7d70acaf

Following the Court of Appeal decision of 12.04.23 granting permission to apply for judicial review of the LB of Haringey decision to fell the Oakfield Plane on the basis that the decision was arguably unlawful, the council chose to settle the proceeding brought by the homeowner of one of the properties suffering subsidence allegedly caused by the tree. 

The terms of settlement included; that the council pay the maximum amount of the home owner's legal costs possible to the level of the Aahous Convention costs cap, that all decisions to fell the tree taken to date be withdrawn, provided for representations to be made to the council on factors to be included in any future consideration of whether or not to fell the tree, and importantly provided that written reasons be provided for any future decision  to be notified to home owner and that any new decision not be actioned for at least 28 days from notification. 

This is a massive climb down on the part of Haringey council which will undoubtedly going forward influence how they respond to community efforts to protect and prioritise local trees. This outcome was only achieved by the coming together of the the local community and activists and the significant national and local media coverage supporting the home owners - initially made possible by individuals supporting this Crowd Justice campaign! Thank you to each of you. The home owner reflects:- 

"I think the important precedent here, while not a legal one, is that there is clear evidence of the reasons that councils, homeowners and communities need to question the motives, arguments and quality of evidence presented by insurers. I would hope there would be a shift to protecting trees by protecting houses, whereby houses are underpinned and repaired in order to prevent the removal of trees, rather than using the removal of trees as a way of cutting costs for insurers and avoiding necessary repairs to houses. In my opinion, councils need to be protected (by communities, by the law or by their own insurers) so that they are better able to take these wider considerations into account when making decisions"

While the future of the Oakfield Plane is not yet secure, this has been a massive step towards a rational and transparent process. Thank you again to each of you for your support !

UPDATE: High Court rules with council and home insurers’ against now-famous Plane tree - the home owner and lawyers are considering whether an appeal may be possible. The future of North London’s now famous plane tree still hangs in the balance.

To get this far with the wide media interest pushing the issues up the agenda is an amazing step forward in the battle to prioritise mature trees - made possible with each of your support. 

If you are local please do join a peaceful vigil for tree this Sunday at 3pm Oakfield Road, N4 4LB with singing, speeches and performances. 

Recap - A High Court injunction hearing brought by a householder against Haringey Council to prevent the premature felling of a 120 year old plane tree failed at the Royal Courts of Justice in London on Wednesday. This, despite the wait for a new Financial Ombudsman investigation which originally advised the tree should be left alone in 2018. There will now be a 5-day stay of execution to give the claimant time to appeal against the decision.

The tree became national news earlier this month after Haringey Council built a fortress of scaffolding around the tree, guarded by up to 16 security guards, causing outrage and upset in a quiet north London neighbourhood. This action became a powerful symbol of the pressure faced by Councils which are being sued by home insurance companies in order to recoup the costs of meeting subsidence claims, whilst at the same time insisting that street trees come down. The legalities of Wednesday’s hearing were limiting and hinged on whether Haringey Council’s decision to cut down the tree in Oakfield Road had remained consistent and rational since April 2022. Consultation on tree felling is the subject of a clause in the Environment Act which is currently being contested by home insurers for exactly the reasons which have come to light in this case. 

This High Court ruling demonstrates the urgency to fight for legal change to defend our trees against the blackmail of home insurers. In the context of the notorious fellings by local councils in Sheffield, Wellingborough and Plymouth, and with 200 other trees facing challenges by insurers in Haringey alone.

The LB of Haringey legal proceedings against HTP continues with a further hearing to conclude all issues coming up. A further update will be posted following this and the final decision on whether there will be an appeal of the High Court ruling. 

Haringey Tree Protectors will continue to insist on trees’ critical role in protecting us from the effects of climate crisis and pollution. We will lead the argument for consultation on street tree fellings, legal change in defence of our tree canopy and an end to the corrupt practices of home insurers and developers. Please do follow, join us, and share  - together we can achieve the changes we and all trees need. 

For further information contact us on 07935 233 063 / 07966 441 738/ 07810 840 189 Linktr.ee/treeprotectors -Twitter: @justplanenews Insta @saveharingeytrees / Facebook: Haringey Tree Protectors

Thank you all for your massive support - we are delighted that the Oakfield Plane tree was granted a temporary reprieve in the High Court on Friday morning when the Judge hearing the local resident's application, Mr Dan Squires KC, upheld the injunction against the LB of Haringey. The next hearing in the High Court is likely to take place on March 29th. 

At 4.30am last Sunday morning Haringey Council built a scaffolding and white plastic fortress around the 120-year-old plane tree in N4. On 16th March, the council increased the height of the scaffolding and the plastic fortress to completely cover the tree which greatly upset and outraged locals as a completely excessive and unnecessary step causing profound anger and noise disturbances with locals. 

In statement issued after the hearing on 17.03.23, LB of Haringey flags the magnitude of the challenges faced by councils up and down the country with the same dilemma and that it is wrong that councils are having to make the choice between saving a tree and paying huge sums of taxpayers money to insurers, or felling o reduce financial liability. The council notes that in view of the decision of the Judge, it is now right that the security measures around the tree be removed and that they will now not take any further action until the court makes a final decision. 

HTP's ongoing protest, made possible by the financial support provided by this Crowd Justice campaign has attracted the attention of mainstream and local news from the BBC to ITV London news, Daily Mail, The Evening Standard, Real Media GB, the Telegraph, and the Guardian ‘This is a temporary very joyful breathing space for our tree and a win in the long journey towards our target of achieving tighter legal protections for our precious public trees, from insurers, developers and councils who aren’t properly protecting them.’ HTP. 

The proceedings in the County Court  issued by LB of Haringey against HPT and persons unknown are still to be finally concluded particularly in relation to costs - additional pledges are still needed - please do continuing sharing this page and getting the message out! The events of this week demonstrate what can be achieved when we come together and stand firm.   

The hearing at Clerkenwell County Court this morning has adjourned until 2pm tomorrow, 16.03.23. This is due to an ex parte injunction preventing LB of Haringey from felling the tree having been issued in the High Court at 2am this morning. The injunction was applied for by the owner of one of the two houses next to the Oakfield Plane. It names the two insurance companies with pending Financial Services Ombudsman complaints made by the two homeowners as interested parties (Aviva and Allianz).

District Judge Redpath-Stevens dealing with the LB of Haringey possession and injunction applications against Haringey Tree Protectors Ltd and Persons Unknown this morning, reminded LB of Haringey that while at the conclusion of the December hearing he had noted that no steps were to be taken to fell the tree prior to the hearing today, the LB of Haringey action on Sunday morning of bringing in security personnel and taking possession of the tree breached this albeit stopping at actual felling.

We understand that the LB of Haringey will be applying to the High Court this afternoon to discharge the home owner's injunction. Things are moving very quickly. LB of Haringey have been forced to understand the strength of local resistance and the priority given to preserving mature trees in the borough that we hope will inform their actions going forward. The campaign lawyers, Richard Buxton Solicitors, and barrister Paul Powesland, have been amazing in responding to a rapidly changing landscape. Please do keep the pledges coming and keep sharing the campaign page. 

Oakfield Plane  sealed off and security in place from 5am Sunday 12th March, pending Court Hearing 15.03.23:

Thank you for all the pledges so far ! Having the support of so many others who share our concern for the urgency of protecting and prioritising our mature trees is uplifting and energising - thank you for your support which makes it possible to take the action forward - action that is now even more vital. 

At 5am today, Sunday 12.03.23, LB of Haringey took possession of the tree, securing the surrounding area with barriers and security officers. The letter from the council posted on the barriers wrongly states this action was a response to climbing ropes being installed. This is not correct, there has been no one in the tree since the last court hearing as the judge made clear, and LB of Haringey accepted, that no steps should be taken to prepare for the felling of the tree until after the next court hearing, now listed 15.03.23. The council's peremptory and aggressive actions this morning aimed at frustrating legitimate legal process, makes it even more important to ensure that we can fund the required legal response.   

What you can do to help:

• Email 3 friends the campaign page link, telling them why you think it's important and asking them to pledge and / or to spread the word
• Post the link to Facebook / your other social media, asking friends and followers to pledge and / or spread the word
• Tweet in support.
• Talk about the campaign and the issue, and why it's important to you in your social and work circles  ;-)

At the moment, the hearing on 15th March is going ahead. LB of Haringey have not confirmed how they intend to proceed following the service of a large amount of evidence by the non-party insurers. The concern is that the council is taking steps to be in a position to fell the Oakfield Plane if the hearing next Wednesday concludes in their favour. We need to ensure that we have the funds in place to enable our great legal team  (Richard Buxton Solicitors and Paul Powesland  @ Garden Court Chambers - both offering their services as reduced fees ) to take the fight as far as possible. Please spread the word and encourage pledging!