WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL:

[kevinjohnsonmbe]

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES – Civil Litigation Brief

WWW.CIVILLITIGATIONBRIEF.COM

---

The judgment of HHJ Mithani QC in Colar v Highways England Company Ltd [2019] EW Misc 17 (CC) has recently arrived on...

 

[Khriss]

Similar one by a driver appealing a fixed penalty notice this year ( BBC ) defence barrister cost was abt 30 faarsand , he was not happy having to pay the fine ( or his and prosecution costs )  K

[Khriss]

10 minutes ago, kevinjohnsonmbe said:

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES – Civil Litigation Brief

WWW.CIVILLITIGATIONBRIEF.COM

---

The judgment of HHJ Mithani QC in Colar v Highways England Company Ltd [2019] EW Misc 17 (CC) has recently arrived on...

 

Poor Julian   K

Edited November 28, 2020 by Khriss
( I will settle down later with a glass of Port at my elbow and review this properly m'Honorable Kev )

[mtt.tr]

looks like a juicy read for this evening 

[openspaceman]

1 hour ago, Khriss said:

Poor Julian   K

Dunno about that but does the lady inspector exist other than on Amey's payroll?

[Khriss]

3 minutes ago, openspaceman said:

Dunno about that but does the lady inspector exist other than on Amey's payroll?

Gonna look very closely at this tonight, cos has a few implications. Think the mentioned lady did the inspections, but is realy down to company record keeping and survey methodology.  Amey aint been in some peoples good books fr a while  ?  K

[kevinjohnsonmbe]

12 minutes ago, Khriss said:

Gonna look very closely at this tonight, cos has a few implications. Think the mentioned lady did the inspections, but is realy down to company record keeping and survey methodology.  Amey aint been in some peoples good books fr a while  ?  K

5 years record keeping for HMRC, don’t see why it would be unreasonable to do same (site notes / photo’s / final report) for tree inspections.  Even if the person moves on, the records should be retained. 

[Khriss]

Correct Kev.  But its dynamic system, traffic count,  species,  values of target, cash available, etc.  Think there may be a few vacancies after this......   ?  K

[JSN]

JFL gets a bit of a kicking there. 
Not sure I’d be comfortable signing any tree off as ‘safe and healthy’,  doubly so  one in the central reservation - with crown symptoms - from 50 mph!  
Also thought , ‘to be put on enquiry’, was a lovely turn of phrase.  Good stuff. 

[Khriss]

3 hours ago, openspaceman said:

Dunno about that but does the lady inspector exist other than on Amey's payroll?

... not even that !  And neither did her inspections . Just spent last hour sucking my teeth in horror . Only tangible evidence presented was Bing roadside images       

 

Highways England should have just stumped up -  Out of Court settlement would have been less that the cost of road salt. Their legal team needs shooting .   Now the real fun will start for them as their entire system will need ground up rebuild . K