UKTC Archive

Re: Here we go again: Parker v National Trust

Subject: Re: Here we go again: Parker v National Trust
From: Russ Carlson
Date: Oct 13 2021 03:57:22
[Text converted from HTML]
Wayne, the link was only the court's summary of the case and judge's
decision. My thought was that he gave far more technical detail than most
U.S. Courts do in their opinions. The judge is dealing with issues of
law, whatever side of the pond, hill, or road he is on. He provides only
the information he finds necessary to explain his decision based on the
law of the land. We may be experts at tree assessments, but the judge is
the expert on the law, and that is what counts once a case gets to that
level.

All your questions may be valid at some level. Those are questions the
experts must address, whether individually or jointly for the court.

[R]


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Russ Carlson, RCA, BCMA
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On 10/12/21 5:55 PM, Wayne Tyson wrote:

  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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