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Micklewright v Surrey County Council




Unreported

2010-10-08

Guildford County Court.  Fatal Accidents claim.  Claimant killed by branch of tree.  Defendant accepted responsibility for the tree.  Issue at trial concerned condition of tree prior to failure of branch.  Damages agreed at £500,000 subject to liability.

Held: no remedy in nuisance; causation live issue; duty to perform visual check; claimant failed to discharge burden of proof; accident unforeseeable.  Notwithstanding finding of breach of duty, case dismissed.  Permission to appeal granted.