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A trunk call

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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