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I've heard some almost glowing reports of the decision in Atkins/Scott. I
can't agree with them, certainly not, Paul, that its refreshing.
Ian Murat's evidence is 'unpersuasive and unimpressive' because, among other
reasons, he does not believe that ' a quick visual check is sufficient
(examination) for a tree by a busy A road'.
Please bear in mind the fact that in this case he was actually correct and it
wasn't sufficient.
Sir James (Scott) noted that it would NOT have been unduly onerous to have
had formal recorded inspection of the trees by the road but the judge thought
it was fine that there were no systematic, recorded or regular inspections.
The woodsmen were often in the area and WOULD HAVE looked!
I would not wish to criticise any of the defendant's evidence or that of his
woodsmen, but given the fact that everyone on earth agrees that we need to
demonstrate a SYSTEMATIC approach to our inspections, even if the system has
flaws, I am amazed at the cavalier attitude of the judge to the lack of
system present in this case - arguably because he sees the defendant as
clearly such a 'good chap'.
I don't necessarily disagree with the outcome but there are elements of the
Judgement which are arbitrary and to my mind thoroughly subjective.
-----Original Message-----
From: Paul S Watts [mailto:pswatts@xxxxxxxxx.com]
Sent: 19 August 2008 14:33
To: UK Tree Care
Subject: Atkins - Scott - Judgement
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Career opportunities with Tim Moya Associates
SENIOR ARBORICULTURAL CONSULTANT SALARY GBP 33,158- GBP 38,791
ARBORICULTURAL CONSULTANT SALARY GBP 25,197 - GBP 30,657
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The recent [last week] Judgement in the case of Atkins - v - Sir J Scott
makes fascinating reading and is, in my opinion, essential reference.
In this instance, the Judge has clear perception and an objective mind in
relation to the massive differences between the two Expert witnesses. For
the Judge to drill down through the multitude of reasons why one of the
Experts lacked consistency and credibility, is certainly a damming
indictment and also rather refreshing. Certainly a wakeup call for some
sectors of the profession.
I would strongly recommend this and do not be put off by the 30 page length
[The McCartney - v - Mills Judgement was almost 60 pages].
I believe that Dealga has made the paper available to the AIE and has
kindly put up a download on their site. The link is:
http://www.aie.org.uk/resources/case_law/aie_case_atkins_scott.html
Or if anyone has a problem, mail me and I will copy by return.
Regards
Paul S Watts
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