The claimant bus driver was injured when a tree fell across the road onto his bus. A tree survey had not recorded any defect in the tree, but the report became out of date, and the re-examination was cursory. At the time it ell there was evidence of fungal decay. The periodic tree survey took place at a greater interval than recommended. The Council now appealed against a finding of liability.
Held: The judge’s reasoning in relation to the need for inspection at least every two years and his conclusion as to the liability of the Council are unimpeachable. The appeal is dismissed.
Judges:
Bean, Flaux LJJ, Henry Carr J
Citations:
[2018] EWCA Civ 2232
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Stagecoach South Western Trains Ltd v Hind and Another TCC 11-Jun-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 26 May 2022; Ref: scu.625479