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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll