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daltontrees

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Everything posted by daltontrees

  1. Donoghue v Stevenson (the snail in the ginger beer) case I remember as being ground-breaking, but Leakey seems a bit more rigorous because it relates (i) to heritable property and (ii) covers damage AND injury and (iii) allows for shades of grey in duty of care rather than black and white and (iv) clarifies that things originating on land but causing injury or damage on or to neighbouring land are included in the duty of care. I think it illustrates QTRA and ALARP principles better than Donoghue for those reasons, but that is just a personal view. Regarding Occupiers Liability Acts, the scottish Act 1960 is clearest of all but I think the english 57 and 84 Acts need a bit of thought before you can quite so readily conclude that together they are aligned to the wider common law (which of course they partly replaced). The differences are small and don't seem substantive, quirks of history rather than variations of intention. So, all is well there I hope. I for one need no further discussion on it.
  2. No. 7, this one's (I think) really hard, I couldn't get it with the whole tree in front of me.
  3. Will tell you what I think tomorrow.
  4. Just going to give others a chance to have a go before saying.
  5. No. 6. this one had no lable but I think it's not too obscure.
  6. Here's a cracker (No. 4). Genus is easy enough, it's the species that is the challenge.
  7. No. 3 is indeed Picea breweriana. Brewer's droop!
  8. Honey Fungus doesn't always produce fruiting bodies, and as far as I can tell may only produce them when it has pretty much finished off its host. It could have decayed roots or killed the cambium enought to have cut off supply of nutrients to roots, causing them to die back and/or lose strength. Either way, rootplate movement like you describe would be enough to have me take the tree down regardless of what's wrong with it. A healthy birch should whip around in a strong wind, not teeter at the base. If you do take it down, any chance of examining the base a bit closer and letting us know what you find? In particular, maybe try prising off the bark close to the spots and see what's under there, like bootlaces or white sheets of mycelia.
  9. Just going to leave it for a day or so to se eif anyone else wants a shot. And where's Rob Arb? I thought he'd be all over these like Dothistroma.
  10. I think there is chat elsewhere on the forum about a system that is being developed to recognise qualifications better. Meantime the stickers are really just a gimmick, as someone said the whole team should be qualified appropriately but if one guy has one ticket the whole squad can stand behind the sticker. Just be good at what you have been taught and the rewards will come. The chancers may or may not get caught, hurt themselves or someone else, find they aren't insured when the appretice screws up etc. but lack of enforcmen tin the industry is something you just have to get used to like you do when you see the ladder-and-bow-saw merchants fly tipping in a farmer's field.
  11. Another one (no.3) for practice.
  12. Another one (no.2) for anyone wanting the practice.
  13. Anyone that has passed one unit, say chainsaw maintenance and crosscutting can say they are NPTC qualified, because NPTC describe that as a 'qualification'. As I recall I got given a sticker when I passed it. I have gone on to get a few more, but I am still only qualified. It's the statement 'fully qualified' that I find irksome. Does it mean the person has every single NPTC certificate or would it be more honest to say 'adequately qualified' or 'appropriately qualified'? Can't see a sticker or marketing statement like that being as popular.
  14. Aha! That's wher a schmidt hammer Schmidt hammer - Wikipedia, the free encyclopedia would come into its own. Fitted with different caps (nylon, wood, rubber).
  15. Apologies. I said I didn't want to get into the wording of the law but I also see now that you quoted the Occupiers Liability Act 1957 but there is a different duty in the Scottish Act which is very similarly worded to the 1984 Act duty towards uninvited persons. For the benefit of other readers I shall do my best to quote it here "such care as in all the circumstances of the case is reasonable to see that the person will not suffer injury or damage by reason of any such danger [which is due to the state of the premises]"
  16. Fair enough, you will want to mak your point to other readers. I get the point. With one caveat, I am curious as to the source of your statement of common law. I always found Leakey v National Trust nice and clear viz. "a duty to do that which is reasonable in all the circumstances, and no more than what, if anything is reasonable, to prevent or minimize the known risk of damage or injury to one’s neighbour or to his property".
  17. I thought calcualtor can produce numbers like that, which QTRA then rounds them to 1 significant figure. Anyway it doesn't matter, this would only exacerbate the effect I was trying to illustrate but you have clarified that a precautionary approach for outcomes signalling the potential need for action. And presumably when investigating borderline cases QTRA woudl ahve to calculate exact figures adn ignore the final rounding if the detailed outcome is still borderline?
  18. That is kind of what I expected you might say and answers the question. In effect QTRA allows the non-borderline trees to be eliminated easily leaving only the borderline ones to receive more time and detailed appraisal. That is a good thing as long as the surveyor knows to refine the iffy ones.
  19. The broad principle as we now know is that HSE says that less than 1,1,000,000 is broadly acceptable, more than 1,10,000 is unacceptable and in between is 'tolerable' and should be reduced where it is practical to do so. My question was rather about what QTRA does when the quantified overall risk of death gives the all-clear for a tree but the risk of lesser harm is possibly still unacceptable.
  20. As originally stated, I didn't want a debate ont eh exact wording, I merely wanted to differentiate between the thresholds of death and injury, which I expect are different for the same tree. The UKTC debate on probability etc. I felt was inconclusive, but I don't want to open it here again because I (and I anticipate others) take the general point that QTRA assigns some sort of figure to likelihood/probability/foreseeability of failure and by combin ing it with other factors a figure is arrived at to represent likelihood/probability/foreseeability of harm. So to clarify, my question had been about the thresholds.
  21. I don't recall exactly what I said but I couldn't discuss specific cases where client confidentiality prevented it. I offered to discuss a tree where no confidentiuality exists. However, since then I expect readers will be more interested in learning about QTRA than about my methods, and if I have alluded to my methods it will be anecdotally to emphasise my point or to illustrate my question to a wider readership. So to answer your questions, you don't need to comment on my take on it, your respones to the questions are the important thing.
  22. I nearly barfed laughing at 'Things Holly and I have argued about this week'. Excellent find.
  23. Dismantled big Lime yesterday, soaked and tired when I got home. Fell asleep in front of telly at 8, woke up at 9 with the edge taken off tiredness. Showered and turned in at midnight. It took an hour of 'tree roots in the built enviroment' to get me to sleep again. Woke at 5, wide awake and mind whirring. I have been up ever since, and will hit a seroius dip about midday. Unfortunately this kind of broken sleep is quite usual for me. Infuriating.
  24. TA, I shall get myself a couple of different weights and try them out. They can indeed be bought for little over a tenner.
  25. At 45 deg I would definitely cut over then under and snap it off from above. An inbetweenical cut.

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