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A gardener who was paralysed after falling off a ladder at a multimillionaire couple’s mansion has lost a High Court battle for more than £1 million in compensation.
Barry Relph cracked his spine in January 2021 after toppling from a step ladder at John and Joanna Meager’s “magnificent” £2.3m Surrey home.
The 59-year-old had been using a mini chain saw to clear branches from a tree overlooking the tennis court.
He claimed that Mr Meager, a high-flying financier, “was concerned about birds defecating on the tennis court while perched in the conifers”, London’s High Court heard.
Mr Relph sustained catastrophic damage to his spine in the fall and he now uses a wheelchair.
He launched court action, suing Mr and Mrs Meager for more than £1m in compensation, and argued that a “few hundred pounds” spent on a trained tree surgeon would have saved him from his injury.
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The tennis court at John Meager’s former home, Oak Lodge, where Barry Relph suffered a gardening accident (Supplied by Champion News)
But his compensation bid was thrown out last week when Judge Andrew Kinnier KC ruled that Mr Relph had not in fact been employed by the couple, but was instead a freelancer.
Mr Relph and the colleague he was working with were also experienced gardeners, who had come up with their own plan for how to do the work, he ruled.
The court heard Mr Relph and his colleague had been working at the Meagers’ then home, Oak Lodge, a sprawling £2.3m gated property with extensive gardens, swimming pool and tennis court in Chipstead, Surrey.
Mr Meager is head of client operations at investment management firm Coremont, with a background in a range of financial areas including asset and hedge fund management.
The court heard that Mr Relph has no memory of the accident, but his colleague said a branch fell from the tree and struck his step ladder, causing a disastrous “wobble” which unbalanced Mr Relph.
Claiming over £1m in damages, his barrister Stephen Killalea KC blamed the Meagers for not shelling out for a properly trained specialist to do the work.
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Joanna and John Meager outside the High Court after a hearing in Barry Relph’s gardening accident damages claim (Champion News)
“Working with trees is a fundamentally hazardous activity and that’s why specialist contractors do the work,” the barrister told the judge.
“It should clearly have been conducted by a specialist. It might have cost several hundred pounds to have done so, but that’s the price it takes to maintain a property of that magnificence.”
However, lawyers for the couple argued that they could not be held liable for the accident, because Mr Relph was not an employee of theirs, while also denying any negligence.
Giving judgment, the judge dismissed Mr Relph’s claim.
Dealing with the issue of negligence, the judge found that both men were experienced gardeners who provided their own equipment and “devised their own system of work”.
“Both men were clear that the job didn’t require a specialist tree surgeon or any form of specialist assistance,” he said.
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Mr Relph was working on the grounds of Oak Lodge when he suffered his fall (Supplied by Champion News)
Also ruling against Mr Relph on his employment status, the judge decided he had worked as a freelancer, not an employee.
Although he had worked at Oak Lodge for two years, it was on a part-time basis, while Mr Relph provided his own tools and was free to work for others.
He also received his pay from his fellow gardener, who was paid by the Meagers, and both men were left free to plan their own “system of work,” including deciding the timing and execution of the branch clearing.
Backing the Meagers’ case, the judge said Mr Relph had failed to prove he was employed by the couple, noting: “I am satisfied that the weight of the evidence points clearly towards a finding that Mr Relph and [his colleague] were both independent contractors.
“They were not the Meagers’ employees.
“Although I recognise this decision will come as a bitter disappointment for Mr Relph given the tragic consequences of his accident, on the basis of the evidence his claim must be dismissed.”
