Atkins -v- Scott
On 30th September 2004, the Claimant, Mr Albert Atkins, was driving along the A32 adjacent to Rotherfield Estate (owned by the Defendant, Sir James Scott), East Tisted, Hampshire, when a large branch from a mature oak tree fell hitting his vehicle, causing him serious injuries. The tree was part of a formal checking regime implemented by employees of the estate that it stood on. The branch that failed had internal decay and a crack in its upper side, but it was held that none of these defects would have been visible from a ground-based visual check. In the judgment of 14th August 2008, the case was found in favour of the Defendant.