A man who lost a bid for a judicial review into Haringey Council’s decision to fell a tree outside his home has been given permission to appeal.

Insurance companies acting for Andrew Brenner and a neighbour in Oakfield Road, Stroud Green, say the 123-year-old tree is causing subsidence to their homes.

The council recently won its own court battle to ban protesters from the tree from Monday to Wednesday this week, although it is not currently allowed to cut it down.

But Mr Brenner wants to save the tree, believing underpinning is a better solution, and after failing in an initial bid for a judicial review has won the right to appeal.

Richard Buxton of Richard Buxton Solicitors, representing Mr Brenner, said: "The Court of Appeal has said there's a case to be heard but it's going back to the High Court to be dealt with."

Mr Brenner has been fighting with insurers to underpin his home for more than a decade.

The tree has been the focus of protests since Haringey Council announced plans to fell it in April 2022. It has argued it could be liable for claims of £400,000 – or even £1 million – if it remains standing.

Haringey Council sought a court order in December to block Haringey Tree Protectors (HTP) and other campaigners from protesting at the tree so it could chop it down.

It was adjourned several times to give time for a Financial Ombudsman Service report, filed by Mr Brenner against his insurer Aviva, to be submitted.

Mr Brenner has been fighting with insurer to underpin his home for more than a decade.

The report might outline whether the house could be underpinned with the tree standing, which a previous FOS report in 2017 lodged by Mr Brenner had stated.

After the last-minute bid by Mr Brenner for a judicial review of the council’s decision to fell the tree failed on March 29, he submitted an appeal, which will now be heard in the High Court. A date is not yet known.

Mr Buxton told this paper the judge said "it was arguable" that the local authority should have waited until the FOS had submitted its report
before making its decision to fell the tree.

"The FOS tends to stay out of these things until the court has finished," added Mr Buxton.

The Court of Appeal has ruled that the tree cannot yet be cut down.

The council won its injuction against HTP on April 4, meaning that between April 17 and 19 any unauthorised person entering a defined area around the tree, climbing or occupying it could be arrested.

The council did not say whether this date was listed to cut down the tree.

But Mr Buxton said: "That really doesn't matter at the moment. They are not going to cut the tree down because there's still an injuncton (Mr Brenner's) in place." 

Haringey Council has been contacted for comment.