UKTC Archive

Re: Here we go again: Parker v National Trust

Subject: Re: Here we go again: Parker v National Trust
From: Wayne Tyson
Date: Oct 12 2021 21:56:28
The very devil is in the details. The argument is short on them. Arguing
from authority has long been considered fallacious.

Where are the inspection records? What was known to the defendant and what
was not known? If the inspector of record "did not remember" whether or not
he had or hadn't inspected the tree, what does that say about "adequacy" of
inspection? What was the condition of the "branch" at the point of failure?
Were there any signs of pre-failure defects or indirect indicators of
stress that a professional would have or should have seen? Considering tree
failures as a subset of trees, what fraction of such failures occurred in
the absence of any indicators, direct or indirect, of a trend toward
decline or improvement in tree condition? Was a detailed post-failure
assessment of the factors relevant to the event conducted for the record?

WT

On Tue, Oct 12, 2021 at 1:51 PM oldoaktree@xxxxxxxxx.net <
uktc@xxxxxx.tree-care.info> wrote:

A very interesting read. Useful to ponder on tree safety decisions.

As ever, life-changing injuries are tragic and deserve the very best
sympathy. On the other hand, do we chop down every tree that can ever harm
us?

The precise diagnosis of the ins and outs of the failure would have been
useful for me and this bunch of armchair critics but I guess this was not
the matter of the case, only the presence and skill of the inspector as far
as I can see.

Not that I am good in a quarrel, but I'd not like to argue with the Judge.

Further reading may bring another point of view, but I'm not able to get
to that!

Cheers

Dave

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Elton Watson
Sent: 12 October 2021 18:39
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Here we go again: Parker v National Trust

Thanks for posting Jon.
Very useful.

Elton



Sent from my Galaxy



-------- Original message --------
From: Jon Heuch <jh@xxxxxxxx.co.uk>
Date: 11/10/2021 15:54 (GMT+00:00)
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Here we go again: Parker v National Trust

Parker v National Trust



You will find the judgment here:
https://www.blmlaw.com/images/uploaded/File/judgment_v2.pdf



Commentary here: https://www.lexology.com/r.ashx?l=9KXEWZP



Jon






--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits https://www.stockholmtreepits.co.uk



--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits https://www.stockholmtreepits.co.uk




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk