The Clay Research Group The Clay Research Group
The Clay Research Group The Clay Research Group
The Clay Research Group The Clay Research Group
RESEARCH AREAS
October 2010
Monthly Bulletin K
Issue 65 – October 2010 – Page 1
UPDATES
Tony Boobier, Chair of the Insurance GIS Forum
touches on Solvency II and the need for insurers to
understand where risk lies in his latest update. He tells
us that this, combined with predictive analytics, is the
The Urban Tree Research Conference is being way forward.
held by the ICF on the 13th and 14th April,
2011 at the Clarendon Suite, Edgbaston, The Subsidence Forum have their training day at the
Birmingham, and we hope to be represented BRE on the 13th October, with the title “Innovation
by Margaret McQueen of OCA and Allan and Technology. Are they shaping progress?” Tickets
Tew, CRG. are £75 for members and £100 for non-members. Visit
their web site for details.
www.subsidenceforum.org.uk
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DISTANCE
17.5 - 20m tree height
HEIGHT
From the above (top) we can see that Oak trees are risky,
but riskier at certain distances and height ranges and at DISTANCE
variance with the conifer. Conifers are riskier when 10 – 12.5 tree height
closer to the building, in part because they are often
found planted close to buildings as a screen, but also
because they have a shallower root system.
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It is important that anything that could influence the insurer’s opportunity to recover is
fully discussed, and that they (and their legal representatives) are party to the potential
effect of the JMP in the longer term.
2. The Agreement allows the Defendant to set the level of evidence, which appears
perverse.
4. Nuisance – whether a tree is valuable or not doesn’t change the fact it shouldn’t
cause a nuisance, and whilst CAVAT is currently being used to determine the level
of investigations, are we satisfied that it is not being developed as a political tool to
change the issue of liability by introducing a ‘for the public good’ argument?
5. Enforcement. What happens if sensible levels of evidence are contested, or the tree
officer doesn’t reply, or if there is disagreement about interpretation. What are the
penalties and who is to police the agreement?
6. Council’s are spending too much money on occasions, defending hopeless cases. We
can’t see how the JMP changes this. Is the agreement directed towards moving
things on, or building a framework to avoid liability and change the context
politically?
7. What do the lawyers think about the JMP? As they play an important role in
recovering insurers outlay, are they party to this? After all, theAgreement has a legal
framework. Any agreement that can reduce the opportunity to recover has
important implications for insurers.
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