UKTC Archive

RE: Here we go again: Parker v National Trust

Subject: RE: Here we go again: Parker v National Trust
From: oldoaktree@xxxxxxxxx.net
Date: Oct 12 2021 23:19:26
Also, why are my balls so itchy tonight. 

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Wayne Tyson
Sent: 12 October 2021 22:56
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Here we go again: Parker v National Trust

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






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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