Simon frequently acts as an Expert Witness in civil and
criminal cases concerning trees. In the past this would always involve
being instructed by one party or the other, but more recently he has also
been instructed as a Single Joint Expert under the new Civil Procedure
Rules introduced by Lord Woolf. He has also given evidence at public inquiries
and inquests.
Many trees are legally protected, typically by Tree Preservation Orders
[TPOs] or if they are growing in designated Conservation Areas, but there
are numerous other restrictions that can affect them either directly or
indirectly. For instance the Countryside and Wildlife Act protects all
bats and many of the birds that nest or roost in trees. This can restrict
pruning and felling unless suitable measures are taken. This is an area
where sound professional advice is becoming increasingly necessary.