Selwyn-Smith v Gompels; 22 Dec 2009

References: Unreported, 22 December 2009
Coram: Recorder Adrian Palmer QC
Swindon County Court. A tree fell over from the defendant’s land onto the claimant’s garage.
Held: The claim failed. The law did not require the landowner to engage an expert ‘unless and until reasonable inspection by the standards of that knowledge discloses or should disclose that the tree might be unsafe’.
This case is cited by:

  • Cited – Stagecoach South Western Trains Ltd -v- Hind and Another TCC (Bailii, [2014] EWHC 1891 (TCC))
    A train crash was caused when an ash tree fell from the defendant’s land across the railway line. The company sought damages from the land-owner.
    Held: The land-owner’s duty extended no further than the carrying out of periodic informal or . .