Paralysed gardener Barry Relph loses £1m compensation bid after ladder fall at John and Joanna Meager’s Surrey mansion
A gardener left paralyzed after falling down the stairs at a multimillionaire couple’s mansion has lost a High Court case for more than £1 million in damages.
Barry Relph fractured his spine after falling down the stairs at John and Joanna Meager’s “gorgeous” £2.3 million Surrey home in January 2021.
The 59-year-old man was using a mini chainsaw to clear the branches of a tree overlooking the tennis court.
London’s High Court heard he claimed Mr Meager, a senior financier, was “concerned about birds defecating on the tennis court while perched among the conifers”.
Mr. Relph suffered catastrophic damage to his spine in the fall and now uses a wheelchair.
He went to court, suing Mr and Mrs Meager for more than £1 million in damages, arguing that “a few hundred pounds” spent on a trained tree surgeon would have saved him from injury.
But the offer of compensation was rejected last week when Judge Andrew Kinnier KC ruled that Mr Relph was not actually employed by the couple but was instead a freelancer.
He decided that Mr. Relph and his colleague were also experienced gardeners who had prepared their own plans for how the job would be done.
The court heard Mr Relph and his colleague were working at Oak Lodge, the Meagers’ then home; this property was a £2.3 million gated estate in Chipstead, Surrey, with extensive gardens, swimming pool and tennis court.
Mr. Meager is head of client operations at investment management firm Coremont and has experience in a variety of financial areas, including asset and hedge fund management.
The court heard Mr Relph had no memory of the accident, but his colleague said a branch fell from the tree and hit his ladder, causing a catastrophic “shake” that knocked Mr Relph off balance.
His lawyer, Stephen Killalea KC, who is seeking compensation of more than £1 million, accused Meagers of failing to pay for a suitably trained professional to do the job.
“Working with trees is a fundamentally dangerous activity and that is why specialist contractors undertake this work,” the lawyer told the judge.
“Obviously it would have to have been done by an expert. It may have cost a few hundred pounds to do it, but that’s the price of maintaining this magnificent property.”
However, the couple’s lawyers argued that they could not be held responsible for the accident because Mr. Relph was not their employee and denied any negligence.
The judge who made the decision rejected Mr. Relph’s claim.
Addressing the issue of negligence, the judge found that both men were experienced gardeners who provided their own equipment and “designed their own system of work”.
“Both men were clear that the job did not require a specialist tree surgeon or any specialist assistance,” he said.
The judge also ruled against Mr. Relph on his employment status, finding that he was working as a freelancer, not an employee.
Although he had worked at Oak Lodge for two years, it was a part-time job; Mr. Relph, on the other hand, provided his own tools and was free to work for others.
He also received his salary from his gardener friend, who was paid by the Meagers, and both men were left free to plan their own “system of work”, including deciding on the timing and execution of branch cleaning.
Backing Meagers’ case, the judge said he had failed to prove that Mr Relph had worked for the couple and said: “The weight of the evidence clearly showed that Mr Relph and [his colleague] both were independent contractors.
“They were not employees of the Meagers.
“Although I recognize that this decision will be bitterly disappointing to Mr. Relph, given the tragic consequences of his accident, based on the evidence his claim must be dismissed.”
