Atkins - v - Scott judgement

[Yorkshireman]

http://www.aie.org.uk/resources/case_law/aie_case_atkins_scott.html

 

scroll down the page & follow pdf link

[Dean Lofthouse]

I'm glad of the out come in this case.

 

You do see countless obvious dead trees on field margins next to roads and I often think, "theres a claim when that goes".

 

I often also wonder whether one day, if a branch does fail and kill or injure someone and that branch is found to have failed at an old topping wound, whether the Tree Surgeon who carried out the topping will be sued for bad practice or the Tree owner for allowing it.

[scotspine1]

I often also wonder whether one day, if a branch does fail and kill or injure someone and that branch is found to have failed at an old topping wound, whether the Tree Surgeon who carried out the topping will be sued for bad practice or the Tree owner for allowing it.

 

Sounds like you missed your calling in life Dean, you'd make great lawyer.

 

What about suing a developer who failed to follow the minimum fencing distances (RPA) from BS5837 and gouged a trench through some structural roots next to the trunk, the tree falls at a year later and kills someone - could you sue him?

 

or

 

A developer fails to follow minimum fencing distances(RPA) and causes damage by allowing cement to leach into the soil within the dripline - the tree dies a year later after the people have moved in - could the tenants sue for loss of tree?

[Lee Winger]

Tree owners/ large landowners have scant regard for public safety in my county, I think the Atkins v Scott judgement is a bit dubious, it smells of an old boys club imo..

[Lee Winger]

 

I often also wonder whether one day, if a branch does fail and kill or injure someone and that branch is found to have failed at an old topping wound, whether the Tree Surgeon who carried out the topping will be sued for bad practice

 

We can always live in hope!

[Yorkshireman]

the interesting point re competance to inspect

based on relevant experience not just formal quals

 

31 extract

 

"workmen who are skilled & 'expert' in their chosen trade through constant practise & diligent observation "

 

also changing stated opinions, is not helpful

[Tom D]

I think that was the right outcome, If the tree or branch was dead on the other hand as many road side trees are then he should have got compensation. It would be Impossible to inspect all roadside trees at a level detailed enough to spot a fault of the type discused in this case. Some times accidents just happen.