Practice and Procedure

GARY POLL v (1) RAYMIND BENEDICT BARTHOLOMEW MICHAEL VISCOUNT ASQUITH OF MORLEY (2) MARY CLARE BARTHOLOMEW VISCOUNTESS ASQUITH OF MORLEY (2006)

PUBLISHED May 22, 2006
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Landowners who owed a duty of care to road users in respect of their trees that abutted the highway were found to be in breach of that duty where a tree had fallen into the road as a result of a combination of a visible structural defect and a concealed fungal defect. Their forestry inspector had not been suitably qualified to be deemed a competent inspector, and if a competent inspector had carried out a reasonable and proper examination on the tree, the fungal defect would, on the balance of probabilities, have been detected.

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