header-logo header-logo

22 September 2011 / Nina Unthank
Issue: 7482 / Categories: Features , Personal injury
printer mail-detail

A trunk call

ab02629_4

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll