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22 September 2011 / Nina Unthank
Issue: 7482 / Categories: Features , Personal injury
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A trunk call

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Nina Unthank provides an update on the root & branch issues of liability at home & abroad

With the onset of the blustery autumnal weather, the two cases detailed below are particularly pertinent. They highlight how difficult it is to establish liability in negligence or breach of statutory duty for death and injury resulting from falling tree branches.

Falling branches

The Court of Appeal dismissed the claimant’s appeal in Joanne Micklewright (on her own behalf and as executrix of the estate of Christopher John Imison Deceased) v Surrey County Council [2011] EWCA Civ 922, [2011] All ER (D) 281 (Jul). Mr Imison went on a bike ride in Windsor Great Park with his partner and his 13-year-old son. As he was unloading bicycles from the family car he was struck and fatally injured by an oak tree branch weighing nearly one ton which broke away from the trunk some 25 feet away from where he was standing on a public highway. The trial judge found that no proper system of inspection

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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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