Judge backs Trust over tree collapse

Daniel Mullinger, 11, died instantly when the 70ft branch crashed down from a 180-year-old beech tree in the Great Wood at 17th century Felbrigg Hall in Norfolk in June 2007.

Three of his companions from Heathlands Church of England Primary School in West Bergholt, Essex, were injured.

Harry Bowen, now 15, of Armoury Road, West Bergholt, now uses a wheelchair, although he can walk short distances with sticks.

Max Farley, 14, of Bourne Road, West Bergholt, and Katie Farthing, 15, of Armoury Road, West Bergholt, both suffered multiple fractures as well as psychological injury.

The three teenagers were at London’s High Court for the hearing last month but Mr Justice Mackay was told that Daniel’s family, of Pirie Road, West Bergholt, had not felt able to attend.

Yesterday, the judge rejected the claim that the Trust’s tree inspectors, for whom it was vicariously liable, failed to exercise reasonable care in their task.

“I regretfully conclude that I cannot find that the defendant was negligent or in breach of its duty in respect of this tragedy.”

The children had sheltered under the canopy of the tree when it began to rain during an orienteering trail.

The judge said experts in the case agreed that no tree was entirely safe. The issue was whether those who inspected it exercised reasonable care.

The judge said: “I accept these inspectors used all the care to be expected of reasonably competent persons doing their job, and the defendant had given them adequate training and instruction in how to approach their task.”