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, applying appropriate professional standards and risk assessment. The presence of adaptive growth alone did not require further action, and the tragic outcome was not foreseeable or preventable by reasonable inspection. There was...

Source-derived case information.

Citation
[2011] EWHC 1992 (QB)
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 Personal Injury Occupiers' Liability Negligence Standard of Care Risk Assessment Vicarious Liability

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 the beech tree branch that fell, causing death and injury.

Ratio Decidendi

The National Trust and its inspectors exercised reasonable care in inspecting the tree, applying appropriate professional standards and risk assessment. The presence of adaptive growth alone did not require further action, and the tragic outcome was not foreseeable or preventable by reasonable inspection. There was no breach of duty under the Occupiers' Liability Act 1957 or at common law.

Court Disposition

Claim dismissed