Hi Paul,
Thanks. What I was trying to get at was an informed view, speculative though
it no doubt would have to be, of the legal position. Would it not be true to
say that the courts can be quite uncompromising when it comes to tree
inspection frequency/standard? Could they conceivably take the view that
actually there is an acceptable threshold to satisfy the duty of care?
Perhaps there's no satisfactory answer - but accepting that wouldn't be quite
the same as dismissing the question.
Philip
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Paul Muir
Sent: 22 December 2017 12:36
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan
Hi Philip
This has been expressed by a number of contributors. Can I just clarify that
this is NOT about austerity, limited budgets or insufficient budgets. It
relates simply to whether expenditure is reasonably practicable or grossly
disproportionate. To imply that taking a certain approach is somehow cutting
corners is missing the point.
I thought that David's last post was really clear. I wonder how we have got
to the point where one type of survey approach that has the potential to pick
up a certain limited range of issues is seen to be the ideal approach, yet we
are completely comfortable that we have very little information about roots
or crown limbs. Somehow that's fine as long as we've looked at all sides of
the bole. I don't get it.
Paul Muir
Principal Arboricultural Consultant
Treework Environmental Practice
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-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Philip Wilson
Sent: 22 December 2017 12:06
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan
David,
Julian expressed concern that tree risk could not be adequately evaluated
from a walk-by inspection. You responded that it's a matter of degree and
expediency, and went on to be rather dismissive of the concern.
Do we in fact have confidence that 'budgetary constraints' would be an
acceptable defence if a tree inspected in a walk-by caused harm (if arising
from a defect only visible from the unseen side of the tree)?
Philip
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of David
Sent: 21 December 2017 06:52
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan
Hi Julian
Though I appreciate you taking the time to make your comments.
Unfortunately, as I started to go through them point by point, and began to
work on a reply, it dawned on me that right from the first sentence there's
almost nothing you've written with which I agree. On some points you're
demonstrably wrong. And even on the few marginal ones, I struggle to see the
value to either of us, or the forum, of trying to pursue this. In my draft
to date reply I'm contesting almost every line you've typed and it's just
going to end up with one of the those threads where I quote you 10 times and
reply, and everyone will lose the will to live. Sorry.
Cheers
Acer ventura
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