Bowen (A Child) & Ors v The National Trust [2011] EWHC 1992 (QB) (27 July 2011)

Bowen (A Child) & Ors v The National Trust [2011] EWHC 1992 (QB) (27 July 2011)

The National Trust and its inspectors exercised reasonable care in inspecting the tree according to the standards expected of competent professionals in the field. The presence of adaptive growth alone did not require further action, and the risk assessment process was reasonable in the circumstances. There was no negligence or breach of duty by the defendant.

Citation
[2011] EWHC 1992
Parties
Claimant: Harry Bowen (a child by Mrs Tracey Bowen his mother and litigation friend); Claimant: Max Farley (a child by Mr Jeff Farley his father and litigation friend); Claimant: Katie Farthing (a child by Mrs Joanne Farthing and litigation friend); Claimant: Mrs Wendy Mullinger (mother of Daniel Mullinger deceased); Defendant: The National Trust
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Tort/personal Injury Occupiers' Liability / Trial of Liability
Outcome
Claim dismissed
Legal Topics
Occupiers' Liability, Negligence, Standard of Care, Risk Assessment, Vicarious Liability
Tort Law Occupiers' Liability Negligence Standard of Care Risk Assessment Vicarious Liability

Case Brief

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Parties

Harry Bowen (a child by Mrs Tracey Bowen his mother and litigation friend)

Claimant

Max Farley (a child by Mr Jeff Farley his father and litigation friend)

Claimant

Katie Farthing (a child by Mrs Joanne Farthing and litigation friend)

Claimant

Mrs Wendy Mullinger (mother of Daniel Mullinger deceased)

Claimant

The National Trust

Defendant

Procedural Posture

Tort/personal Injury Occupiers' Liability / Trial of Liability

Legal Issues

  1. 1 Whether the National Trust breached its duty of care under the Occupiers' Liability Act 1957 and/or common law by failing to identify and address the risk posed by a tree branch that fell, causing death and injury to children.

Ratio Decidendi

The National Trust and its inspectors exercised reasonable care in inspecting the tree according to the standards expected of competent professionals in the field. The presence of adaptive growth alone did not require further action, and the risk assessment process was reasonable in the circumstances. There was no negligence or breach of duty by the defendant.

Court Disposition

Claim dismissed