Witley Parish Council V Cavanagh - Court of Appeal decision

[averagearborist]

This links to the AA's summary of the CoA findings, and reviews some implications.

 

https://www.trees.org.uk/News-Blog/Latest-News/Witley-Parish-Council-v-Cavanagh-Judgement-and-Imp

[Craig Johnson]

http://dealgas-treeconsultancy.co.uk/dealga/wp-content/uploads/2017/03/Cavanagh-Judgment.pdf

 

makes it more interesting if you read this as well

[NickinMids]

Should it have been re pollarded well sooner

[Khriss]

Looks to be full foliage crown ( not hogs of deadwood hanging everywhere ) and the mentioned lean, well, many trees grow with a lean and do not prematurely fail. Root failure or trunk fail ? K

[tree-fancier123]

13 hours ago, Khriss said:

Looks to be full foliage crown ( not hogs of deadwood hanging everywhere ) and the mentioned lean, well, many trees grow with a lean and do not prematurely fail. Root failure or trunk fail ? K

in the document posted by Craig Johnson above the fungal bracket gets much discussion - would it have been visible to the last inspector back in 2009? Opinions were divided, apparently the experts were saying annual growth increments were visible on the bracket, but it couldn't be certain that it would have been there when the tree surgeon surveyed the tree almost three years before the accident, was well rotten by 2012 apparently. Also goes on about the tree surgeon changing his story as to whether or not he included the tree in his parish survey or not, luckily for him the judge didn't try to crucify him

[Khriss]

Decay in trunks and root plates is hard to determine- record yr doubts n get a further survey done, even if it fails between times its defensible. After all if you have done squillions of trees, and clients are dragging their feet, ain't yr fault. Lots of trees will stand until trunk decay reaches cambium layer . K

[tree-fancier123]

59 minutes ago, Khriss said:

Decay in trunks and root plates is hard to determine- record yr doubts n get a further survey done, even if it fails between times its defensible. After all if you have done squillions of trees, and clients are dragging their feet, ain't yr fault. Lots of trees will stand until trunk decay reaches cambium layer . K

Good points, case also shows why professional indemnity is needed in addition to public liability if a tree worker wants to get into surveys

[openspaceman]

19 minutes ago, tree-fancier123 said:

Good points, case also shows why professional indemnity is needed in addition to public liability if a tree worker wants to get into surveys

This is mostly what I take from the disaster. Judges are also human and, given this was a civil case, would have realised there was nothing going to come from an award against the tree inspector. We actually saw the same sort of decision ten years ago when a motorcyclist was injured when he rode into a fallen ash tree which had had a drive by inspection.

Edited January 28, 2019 by openspaceman

[Mark J]

2 hours ago, openspaceman said:

This is mostly what I take from the disaster. Judges are also human and, given this was a civil case, would have realised there was nothing going to come from an award against the tree inspector. We actually saw the same sort of decision ten years ago when a motorcyclist was injured when he rode into a fallen ash tree which had had a drive by inspection.

Would that be Poll vs Bartholomew?

http://dealgas-treeconsultancy.co.uk/dealga/files/resources/Poll v Bartholomew Judgment.pdf

Edited January 28, 2019 by Mark J

[AA Teccie (Paul)]

1 hour ago, tree-fancier123 said:

Good points, case also shows why professional indemnity is needed in addition to public liability if a tree worker wants to get into surveys

Exactly...along with being suitably knowledgeable, competent , experienced and, ideally, qualified / certificated, e.g. Professional Tree Inspection (Lantra PTI.) This should mean they meet the requirements of the NTSG guidance relating to 'detailed tree inspections' which could conclude that further, more detailed or specialists, investigations are required, e.g. a climbing inspection / use of tomogram etc.

 

The 'barrister' who directs the legal aspects of NTSG has indicated this case does not fundamentally change the guidance but highlights the importance of 'zoning' the land-holding and inspection frequencies according (when I was TO previously we did this less formally but anything between 6 months and 3 years for street trees...the 6 months in town center and after a 'no-blame' fatality in 1990, always focuses the mind.)

 

Cheers,

Paul