Case law

[arb culture]

Thanks to Marcus reminding me about the downloads on Julian Forbes Laird's website, I had a quick look to see if there was anything new on there.

 

Being a bit of a case law geek I was pleased to find some case law that I've not read before:

 

http://www.flac.uk.com/wp-content/uploads/2009/12/Corker-v-Wilson.pdf

 

It seems like its another case telling duty holders not to over-react about dangerous trees.

[Amelanchier]

Nice link.

 

I think there are three salient points here - the first indicates the importance of the relevance of your experience and qualifications. The second is that much of this is how the judge reacts to your expert witness (see Atkins v Scott 2008 for a clearer example of this!) and the third is that you won't be held liable for something that it wouldn't be reasonable to expect you to see!

[Alinicoll]

Thanks. Is good place to find more tree law precedants?

[Arborist Sites]

Julian is great chap, everytime i speak to him i learn something invaluable, esp to do with TPO's and associated case law.

[Jon Lad]

That was very interesting, thanks for posting the link.

[AA Teccie (Paul)]

Another interesting point of note is that wilst some 'broadbrush' expectations comethrough here each case seems determind entirley on its own merits and, as I understand it, none so far 'set a precendent' but act to inform only.

 

Good stuff.

Paul

[arb culture]

Another interesting point of note is that wilst some 'broadbrush' expectations comethrough here each case seems determind entirley on its own merits and, as I understand it, none so far 'set a precendent' but act to inform only.

 

Good stuff.

Paul

 

That was my understanding as well.

[arb culture]

Thanks. Is good place to find more tree law precedants?

 

Try:

 

AIE - Subject - Case Law Index

 

This is an excellent resource for getting started on case law.

 

But please be aware that very few (if any) of these cases set a precedent. However, they give a good insight into the general way of thinking by the courts.

 

The most recent edition of the Arb Journal also has a very good summary of legislation and case law in relation to hazardous trees.

Edited March 15, 2010 by arb culture
typo

[Tommy_B]

Very interesting indeed. Cheers for posting.

[Alinicoll]

Try:

 

AIE - Subject - Case Law Index

 

This is an excellent resource for getting started on case law.

 

But please be aware that very few (if any) of these cases set a precedent. However, they give a good insight into the general way of thinking by the courts.

 

The most recent edition of the Arb Journal also has a very good summary of legislation and case law in relation to hazardous trees.

 

Thanks