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


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

 

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10 minutes ago, kevinjohnsonmbe said:
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 by Khriss
( I will settle down later with a glass of Port at my elbow and review this properly m'Honorable Kev )
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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

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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. 

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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. 

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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

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