Key Highlights
- Gardener Barry Relph lost his bid for £1 million in compensation after falling from a ladder while pruning trees.
- Judge Andrew Kinnier KC ruled that the gardeners were independent contractors and not employees of the homeowners.
- The court found no negligence on the part of the homeowners, John and Joanna Meager.
- Relph argued that spending “a few hundred pounds” on a specialist tree surgeon could have prevented his injury.
Gardener Loses £1m Compensation Bid After Ladder Fall
In a legal ruling last week, Judge Andrew Kinnier KC dismissed the compensation claim of Barry Relph, a 59-year-old gardener, who was left paraplegic after falling from a ladder during tree-pruning work. The incident occurred in January 2021 at John and Joanna Meager’s £2.3 million Surrey home.
Tragic Accident and Legal Battle
Relph had been tasked with clearing overhanging branches near the Meagers’ tennis court. While using a mini-chainsaw, he lost his balance due to a branch striking his stepladder, resulting in a catastrophic spinal injury that left him wheelchair-bound.
Employment Status Disputed
The legal battle centered around Relph’s employment status and whether the Meagers should be held liable for his injuries. Relph claimed he was an employee of the homeowners who could be sued for negligence. However, lawyers for the Meagers argued that Relph worked as a freelancer, providing his own tools and deciding on work schedules independently.
“Both men were clear that the job didn’t require a specialist tree surgeon or any form of specialist assistance,” Judge Kinnier stated in his ruling. He concluded that Relph and his colleague had operated as independent contractors rather than employees, thus negating their claim for compensation.
Cost Argument and Expert Opinion
Relph’s barrister, Stephen Killalea KC, emphasized the importance of professional tree surgeons to maintain properties like the Meagers’ mansion. He stated that spending “several hundred pounds” on a specialist could have prevented Relph’s injury.
“Working with trees is a fundamentally hazardous activity and that’s why specialist contractors do the work,” Killalea argued, highlighting the potential risks associated with tree pruning without professional help.
Factual Background
The incident took place in January 2021 at Oak Lodge in Chipstead. Relph had been working for the couple on a part-time basis over two years, providing his own tools and being free to work for others. He received his pay from a colleague who was paid by the Meagers.
Joanna Meager, head of client operations at investment management firm Coremont, expressed concerns about birds defecating on their tennis court while perched in conifers, prompting the tree-pruning task.
Conclusion
The judge acknowledged that Relph’s accident had tragic consequences but ruled that his claim must be dismissed. The decision comes as a bitter disappointment to Relph and highlights the legal complexities surrounding independent contractor status in the garden maintenance industry.
