The Sycamore Gap tree featured in the 1991 blockbuster Robin Hood: Prince of Thieves and stood in a natural gap next to Hadrian’s Wall, a designated UNESCO World Heritage site. So, when the tree was chopped down in a deliberate act of vandalism in 2023, media coverage was inevitable. Two men were jailed, but the global attention took even tree law specialist Sarah Dodd by surprise.
Sarah was not involved in the case, so she was able to speak freely on the topic. She appeared on Sky News, as well as on US, Canadian, French, and Australian coverage.
Sarah has long been interested in the environment. She studied A-level geography and biology. Her geography dissertation was on the development of woodland. She then studied law at the University of Bristol, with a module in environmental law.
Her training contract was with NHS Wales Shared Services Partnership, where she specialised in clinical negligence and personal injury. Sarah then spent 14 years at Eversheds Sutherland, working for household insurers and utility providers, and six years at DAC Beachcroft, acting for UK insurers.
In November 2021, she set up Tree Law, the only law firm dedicated exclusively to legal issues involving trees. The firm deals with civil claims for damages, criminal claims and planning issues. Civil claims involve situations where the tree is thought to be the cause of property damage and monetary damages are being sought. Criminal prosecutions are brought by planning authorities when work is done illegally and to protect the trees. Planning issues tend to relate to tree-preservation orders or forestry cases involving restocking orders or felling licences.
'It has become something I couldn’t have dreamed of. We’re the only UK firm that specialises in the law around trees'
‘If you want to cut down a certain number of trees, you need to have a felling licence from the Forestry Commission,’ Sarah explains. ‘If you do work without a licence, that’s potentially a criminal offence. The Forestry Commission can serve a restocking notice on you, compelling you to replant. If you don’t comply, you could end up with a prison sentence.’
What motivated her to set up her own firm? Sarah felt she couldn’t bring about change working for corporate law firms or corporate clients. ‘I thought naively, “I’m going to set something up and see if I can do things differently”. That was my starting story, but it has evolved. At that point, I didn’t do criminal claims or planning claims and I had no idea about the Forestry Commission… It was a huge proof of concept. Over the last three or four years, it has become something I could not have dreamed of. We’re the only firm in the UK that specialises in the law around trees.’
Personal injury is one area the firm has yet to ‘boldly’ step into, though the firm has had a couple of ‘I slipped and the chainsaw chopped my arm off’ scenarios, Sarah says.
Among career highlights, setting up a law firm is undoubtedly one, but Sarah also highlights her success at Newport Crown Court last summer. Tree Law represented Newport City Council in a landmark prosecution that confirmed, for the first time in Wales, that householders can be prosecuted for causing or permitting the felling of a protected tree.
Sarah explains that certain planning issues are clear in English law because they are written in statute, but are absent in the Welsh version. Certain prosecutions would succeed in England, but not in Wales. Sarah’s case established a point of law for Wales. ‘As a lawyer, that feels like a great thing to do’.
I can’t help but comment on the fabulous T-shirt Sarah is wearing. It has the slogan ‘Tree-mendous’ emblazoned on it, accompanied by five gold stars. ‘My car is wrapped in our branding. Some people come up and say, “What’s that all about?”.’ Sarah has also had branded stickers made, which she’ll be giving to students at the first-ever careers event that the firm is hosting this month. My favourite: a very smiley tree with the phrase ‘We’re always growing – roots, reach & results’.
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