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Re: Atkins - Scott - Judgement

Subject: Re: Atkins - Scott - Judgement
From: Simon Pryce Arboriculture
Date: Aug 22 2008 12:05:18
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I haven't checked a dictionary, but as I see it the words have distinct
meanings, or at least shades of meaning, although they are often mixed.

If something is foreseeable it means that it is likely to happen or
there is a possiblity of it happening at some point in the future, but
you can't say when, how etc. For it to be predictable you need to be
able to say with reasonable certainty when it will happen. I think
that's the point Chris was making earlier - if you buy a ticket its
foreseeable that you can win the lottery but, even though the odds are
known, its not predictable.

Most tree related events are foreseeable, the really hard bit is
predicting them. If the insurance industry had realised that we
wouldn't have gone down the SRA cul de sac.

Going back to the original subject of this thread it seems like a
sensible end result, but judges can be highly capricious at times and
take a liking to one side or the other for no obvious reason. I've been
in the same situation where his honour said he "preferred" one expert's
evidence [mine fortunately] then dismissed everything the other side
came up with, as if there was no merit in any of it. Life just isn't
that simple. Reading between the lines of Atkins & Scott it looks as if
the claimant's solicitor was on a no win no fee arrangement, which makes
some of them very aggressive, against a landowner who managed his trees
sensibly, even if he didn't record it.

Simon

Simon



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