BTC/75/2012 - Tree Management within the Context of a Wider Legal Framework. Article 5/6 for ISA Arborist News (October 2012)
In this fifth article on UK tree consultancy, Jeremy Barrell (www.barrelltreecare.co.uk) explores the tree management expectations placed on duty holders by the English courts. When a tree failure results in harm, the focus often falls on the standard of the duty of care (i.e., how much management is enough in all the circumstances of the case), and whether this standard was met by the duty holder. Although the fine detail will always be an interpretation for the courts, duty holders can reduce their exposure to liability by adopting a systematic approach to tree risk management. The more reasonable, practicable, balanced, proportionate, and sensible those measures are, the better the chances of avoiding blame for the harm. The following article was adapted from an item first published in The ARB Magazine, the quarterly magazine for members of The Arboricultural Association (www.trees.org.uk).