Albert Atkins v Sir James Scott 2008
August 2008 - Aldershot & Farnham County Court
Thanks to Dealga O'Callaghan for supplying this reference.
This case involved a collision between a motorist (Albert Atkins) and a fallen branch (from a tree owned by Sir James Scott). The motorist made a claim against the tree owner for damages. Judgement was awarded in favour of the defendant (tree owner).
The predominant issue with this case was whether or not a crack present on the failed branch was visible from the ground by an observer. It was subsequently deemed that the crack could not of been easily seen and as such the resulting failure and collision must be classed as an accident.
This case also highlights the importance of an arboricultural expert witness submitting consistent evidence.
The full judgement is available as a scanned document (see below).
Click on this Link to view the PDF: Atkins Scott