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john87

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Everything posted by john87

  1. Count the pins in the sockets. 3 phase and earth has 4 pins, and the 3 phase neutral and earth has 5 pins. Next problem is phase rotation. Hopefully the machines have the plugs on them?? Hopefully, the supply they were used on had the same direction of phase rotation too. If not, you might find they run backwards. Might be better disconnecting the drive and making sure the motors run the right way as some equipment could be damaged if it runs the wrong way. Only other thing would be a phase rotation meter that has the facility to test a dead motor [you turn it by hand] for lead identification [as mine does] john..
  2. First question is does the supply socket include a neutral, and does you machinery require one. john..
  3. Why repeal them then re-make them? Have some of the legal bods in parliament read some of the case law you mentioned in your other thread replies?
  4. So, TPO or not, if it is a nuisance or dead, do away with it. john..
  5. Ah, i see it does still exist, but in a regulation relation to trees [instead of the planning act thingy.. The Town and Country Planning (Tree Preservation)(England) Regulations 2012 Exceptions 14.—(1) Nothing in regulation 13 shall prevent— (a) the cutting down, topping, lopping or uprooting of a tree— (i) which is dead; (ii) in compliance with any obligation imposed by or under an Act of Parliament or so far as may be necessary for the prevention or abatement of a nuisance; john..
  6. So the "exemption from control for any works that are to prevent or abate a nuisance" no longer exists?? john..
  7. No, but they can cut off the offending bits!! Problem is, the rest of the tree, not much they can do about that... I would think that once they have had a solicitors letter telling them it is dangerous [no reports needed, just photos of the bits that fell off and photos of the own signs] they will soon shift as if someone or something were hurt/damaged i doubt their insurance would want to pay out. Be like if an MOT tester declared his own car dangerous but then insisted on driving it. What you think?? john..
  8. You do not need ANYTHING from the trust, Just get the offending bits removed. Unhappily you will not be able to get your money back and what if the rest of the tree falls over on your property.
  9. Doubt that, what would you do?? They have every right in the world to abate the nuisance/danger. john..
  10. Say a nest of them is spotted up a tree. Who but a loony is going to climb up there to catch them or do you blow the nest off with a 12 bore?? john..
  11. So the things crap on you AND sting you?? john..
  12. What you think of this?? here is what the Welsh government think. Surely the two paragraphs contradict with "26" being complete nonsense since the roots/branches constitute a nuisance so see the preceding paragraph. [25] john.
  13. Yes, i would love to hear more.. I too believe that "actionable" means nothing at all. There is a principle that; "the law does not concern itself with trifles" well in that case, you have the right to self abatement then and in the case law that i have read, the ability or right to self abatement arose specifically to deal with matters of nuisance that the courts would not be interested in. For judges to try to "water down" as to what THEY think consttutes a nuisance is wrong. It attacks [as you put it] the very concept of the ownership of land. Have a read of this, see what you make of it.. john.. CD6.16 Perrin Appeal Judgement.pdf
  14. Could be, yes. I just looked at the first version of the act that popped up! john.
  15. Yes, the local authority cannot force a person to put up with a nuisance on their land. [no matter what they all claim on their websites] Here you are; john..
  16. Agree 100% Brilliant summary.. When it comes to the "least mischievous" bit, true, but also "In exercising the right unnecessary damage must not be caused, except that where the alternative method of abatement would damage an innocent person the interference must be with the property of the wrongdoer" That was Lagan too.. john..
  17. Hi There, Is is in a book called; Casebook on tort law by Kirsty Horsey. Click on the link and there is a yellow bar towards the top of the page. At the right hand side it says "clear search" Click the box and this page will come up!! Casebook on Tort Law BOOKS.GOOGLE.CO.UK All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law...
  18. I will add to that.. Apparently case law also provides that; "In exercising the right unnecessary damage must not be caused, except that where the alternative method of abatement would damage an innocent person the interference must be with the property of the wrongdoer" From "Lagan navigation co v lambeg bleaching, dyeing and finishing co ltd" john..
  19. Because; [apparently] “…the courts have confined the remedy by way of self redress to simple cases such as an overhanging branch, or an encroaching root, which would not justify the expense of legal proceedings, and urgent cases which require an immediate remedy. Thus, it … where there is resort to self-redress, the remedy should be taken without delay.” And.. john..
  20. So far as i know, you CAN "trespass" onto the neighbours land, but you have to tell them that this is the case. I cannot find any references to "reasonable care" as regards damaging the tree or destabilising it, as you have an ABSOLUTE right to remove the offending bits, roots and all. I would think that it would obviously not be legal to cause unnecessary damage, so cut the branches off with a saw and not drag them off with a farm tractor or blow them off with explosives, that sort of thing.. john..
  21. If it trespasses over your ground, you can cut off the offending bits, now matter what anyone claims to the contrary. If this "destabilises" the tree, not your problem. PROVIDED that you have warned the owner that this may be the case. It isthen for THEM to take any action that may be needed to remedy the situation, nothing to do with you. You have a right to "self abatement" that you may well lose if you allow things to drag out. They obviously do not give a crap about you or your property, so just send them a recorded delivery letter telling them what you are going to do and do it. What can they do??? precisely nothing. They cannot force you to put up with a trespass to your property, end of. “EX TURPI CAUSA NON ORITUR ACTIO” “No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act”. john..
  22. I have got one and think it is great. Holds any diameter up to about 10" i think it is, really well, and is fast to use. if you are worried about picking the logs up, put some sort of trolley underneath to catch them. FAR better than all the cheap copies i would think and not exactly expensive either. john..
  23. What you mean by "trained to train" a PGCE?? john..
  24. Just thought i would add, my poor mum.. She is 89 now and in a care home. They say dementia, but i know different, Korsakoffs psychosis brought on by drinking. Anyway, 44 years as a teacher and now, she does not really remember that she WAS a teacher.. I gave her a box of chocolates at christmas, not even sure she knew what they were.. Occasional flashbacks though. I asked her if she could remember our address when we lived in Southend over 55 years ago. She count not at first, until i told her the house number, 173. She added instantly "Newington Ave" Like most drunks she hid it very well. First sign i had, is i took her back to Southend one day. We got to have a tour of a school she taught in and where i was a 4 year old pupil. The staff asked her questions that she struggled to answer, there was like a delay as she thought. I knew that just a few months before she would have answered like lightning.. The hospital is starting to see people in their 30's with ARBD "Alcohol related brain damage" Mind how you go... john..

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