Cavanagh v Witley Parish Council - Tree Inspection Regimes

[David Humphries]

The judgement from this case is being shared across various sources.

 

Roadside Trees | Local Government Law

 

Bus driver crushed by tree in his cab wins damages claim against council - Worthing Herald

 

I find it most interesting that the 'National Tree Safety Group Guidance 'Common sense risk management of trees' is not seen as being relevant or even mentioned in the case notes?

 

Section 23 only mentions these four documents as being available to land owners providing guidance.

DoT (2005) Well maintained Highways Code of Practice,

HSE Sector Information Minute (2007),

FC Practice Guide (2000) Hazards form Trees

DoE Circular Roads 52/75 Inspection of Highway Trees.

 

Surely it should have been mentioned by the three ‘expert’ witnesses so that Judge Macduff could have made a reasonable assessment of the facts and make a fully relevant judgement.

 

 

The authors of the NTSG guidance must wonder at times why did they bother

 

 

 

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Edited February 24, 2017 by David Humphries

[kevinjohnsonmbe]

The judgement from this case is being shared across various sources.

 

Roadside Trees | Local Government Law

 

Bus driver crushed by tree in his cab wins damages claim against council - Worthing Herald

 

I find it most interesting that the 'National Tree Safety Group Guidance 'Common sense risk management of trees' is not seen as being relevant or even mentioned in the case notes?

 

Section 23 only mentions these four documents as being available to land owners providing guidance.

DoT (2005) Well maintained Highways Code of Practice,

HSE Sector Information Minute (2007),

FC Practice Guide (2000) Hazards form Trees

DoE Circular Roads 52/75 Inspection of Highway Trees.

 

Surely it should have been mentioned by the three ‘expert’ witnesses so that Judge Macduff could have made a reasonable assessment of the facts and make a fully relevant judgement.

 

 

The authors of the NTSG guidance must wonder at times why did they bother

 

 

 

.

 

Remarkable that such a useful and relevant reference would be ignored / excluded?

[openspaceman]

Remarkable that such a useful and relevant reference would be ignored / excluded?

 

Yes but for the inspector it's a good case for time limiting his work and having PI that pays the legal costs.

 

I cannot guess how many hundreds of times I've driven past that tree since 1967 and not given it a second glance.

 

What was the failure, roots or stem?

[stevelucocq]

thanks for posting.

 

has anyone got pictures/articles of the failed tree?

[Gary Prentice]

It'll be an interesting read when the judgement becomes available.

 

I'm struggling to understand the acceptance of 'No works' as meaning not surveyed?

[David Humphries]

thanks for posting.

 

has anyone got pictures/articles of the failed tree?

 

 

http://arbtalk.co.uk/forum/general-chat/83318-can-anyone-please-help-serious-accident.html

 

 

 

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[Mark J]

Intertsing to which precident might be met there.