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.. 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.
But surely the case considers what is appropriate for "a reasonable man" to
take (para 9), not what steps are needed to ensure no branch fell down?
With regards to record keeping (or the lack of it) Para 13: "it is not
enough for the appellants to prove the respondents failed to take any steps:
to succeed they must also prove that proper inspection ought to have led to
something being done which would have prevented the accident". Whatever
argument was put together the defending barrister has managed to rip it to
shreds, it appears. All sorts of things appear to have gone wrong. Para 54
appears particularly damning from a technical point of view although making
a judgement on the ground may lead to a different opinion to one based on
reattaching a major limb 5 metres up.
As for subjectivity in the Court Room..reminds me of the fragrant Mrs Archer
who couldn't possibly have influenced the courtroom in considering whether a
Mr Archer had had difficulty in keeping his trousers up!
Jon Heuch B.Sc. (For.) Hons., Ph.D., M.I.C.For., M.Arbor.A.
Principal Consultant
Duramen Consulting Ltd
tel 01233 713 466 mobile: 07810 610 712
www.duramen.co.uk
www.treeradar.co.uk
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