UKTC Archive

RE: Sussex teacher sues for £300k after being felled by branch

Subject: RE: Sussex teacher sues for £300k after being felled by branch
From: Addison, Gilbert
Date: Jun 15 2009 12:28:02
I'm not at all sure how Homo sapiens got to where we are now. When there were 
large and dangerous predators about in our day to day environment, you 
presumably either made yourself aware of your environment or you didn't last 
long. Through which genetic gap did the current mindset slip?


Gilbert Addison | Tree and Countryside Officer |Breckland Council
Office: 01362 XXXXXX Fax: 01362 XXXXXX 
DDI:   01362 XXXXXX | Mobile: na
Elizabeth House, Walpole Loke, Dereham NR19 1EE

gilbert.addison@xxxxxxxxxx.gov.uk |www.breckland.gov.uk

 

 

-----Original Message-----
From: Timothy Rawlinson [mailto:timothy.rawlinson@xxxxxxxxx.com] 
Sent: 15 June 2009 13:21
To: UK Tree Care
Subject: Re: Sussex teacher sues for £300k after being felled by branch

"However Forestry Commission guidelines instruct landowners to check the 
safety of large trees at least once a year. "
    This is so vague an interpretation of the legal framework concerning 
inspection as to be worthless....Illustrated by the journos next comment...
"....A spokesman for the Forestry Commission said that there were no specific 
rules on how often trees should be checked, other than the standard owners’ 
liability laws, which apply to all land owners. ....."
   At least it is correct in so far as Liability is concerned.

    "....But any High Court ruling could impact on millions of trees...."

   Really...presumably if the poor reporting continues...fuelling insurers 
and other interested parties in a misdirected quest to "cleanse" our land of 
risk.


   Alistair..."... No problem, just sort out the inspection regime and pay 
the woman if she has suffered losses as a result......" Not what I would 
describe as no problem exactly... I know what you are trying to say but it is 
unsympathetic to Ms Prior to say the least......

   We can only hope that whilst there appears to be no standard from which to 
inspect trees, the industry is allowed to use its head in so far as managing 
inspections and risk is concerned.

cheers T.Rawlinson.










On 15 Jun 2009, at 13:04, ehtreecare@xxxx.com wrote:

what is classed as suitable training?
our guys all have been on the basic tree inspection course which has a 
credition of level one, run by lantra, we have also done the lantra 
professional tree inspection course which jumps up to a level three.
I seem to remember on a course once that any practising arborist with 
relative experience is a level two!!- mind you we had someone apply 
for a career with us straight out of a twelve week college course 
claiming to be fully qualified in both survey and arb works!
As for this Ea case i will be interested to know what kind of tree 
policy doc they have in place for the site, being a contractor i have 
contracted to them for felling and a pleasure to deal with. no doubt 
this will be arguable by another contractor.


ed






E.Haunton
E H Treecare

Office 01273-588503
Mobile 07985-467222


-----Original Message-----
From: Ian Cupper <ian.cupper@xxxxxx.co.uk>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Mon, 15 Jun 2009 12:21
Subject: Re: Sussex teacher sues for £300k after being felled by 
branch



This might be an old topic, but can anyone confirm what are the 
minimum qualifications required to carry out a tree inspection?

I read this from the Poll v Bartholomew case:

Competent or Level 2  an individual Œwho has sufficient training, 
expertise and / or qualifications to identify tree hazards, assess the 
leve ls of risk and make appropriate management recommendations¹.

But what qualifications constitute Level 2?

Regards,

Ian


On 15/06/2009 12:03, "Alastair Durkin" <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

The comments afterwards are even more interesting. It seems to me
that if the
branch was dead then a walk by inspection would have flagged it. I
don't think
it has any wider implication other than the apparent fact that the EA
had not
had trees which they manage checked when adjacent to a public
footpath. No
problem, just sort out the inspection regime and pay the woman if she
has
suffered losses as a result.

Alastair Durkin
Forestry Officer
Planning
Tandridge District Council
Tel: 01883 XXXXXX
E-mail: adurkin@xxxxxxxxxx.gov.uk



-----Original Message-----
From: Ian Cupper [mailto:ian.cupper@xxxxxx.co.uk]
Sent: 15 June 2009 11:53
To: UK Tree Care
Subject: Sussex teacher sues for £300k after being felled by branch

An interesting article a few people might be interested to read.




http://www.theargus.co.uk/news/4437617.Sussex_teacher_sues_for___300k_
after_
being_felled_by_branch/


Regards,

Ian


P Please consider the environment before printing this e-mail









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