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I have had to resend this On 2 July 2010 10:32, Paula Whittell <[log in to unmask]> wrote: > Good morning, > > I can see that these publications are worryingly irreconcilable. But don't > be worried by the lawyers breathing closely on you. > > The duty of care to be used by a professional in the exercise of their work > is summed up by the judge in the Corby case and all other cases of this type > as follows: - > > 1. The standard of care to be exercised is that of the ordinarily careful > professional carrying out his/her work according to his training and > experience. No more and no less. > > 2. This duty of care is to be judged by reference to the standards known > or reasonably ascertainable and knowledge available at the time he/she is > carrying out the work. > > [I know that the Corby judgement looked very harsh, but even there this is > how the judge described how the work had to be done. He did not abide by it, > in my opinion, which is another matter entirely.] > > These standards surely give the professional concerned the ability to be > aware of the conflicts and to weigh them up accordingly to his/her training > and experience and then to apply them as best he/she can. In other words the > conflicts themselves and your difficult position will be taken into account > by any court. > > Chill - it's Friday. > > Paula > > > On 2 July 2010 09:41, Albert.prince1 <[log in to unmask]>wrote: > >> >> I agree with Russell as on this basis all public and Royal Parks will be >> no go areas. As regards the open spaces in Whitehall we will need to advise >> our august leaders to wear spacesuits when walking down the road. I suspect >> I can predict the response. >> >> Time to come back down to Planet Earth and reality. The legal men could >> also come from the other direction i.e. judgement was not used and overly >> conservative values used............ARGHH!! and it is Friday. >> >> Has everyone seen the Brent report and the New Zealand study ? The fear >> that our regulators have in making a decision has led to a plethora of >> publications trying to address this issue. The EA are so stretched and are >> being subjected to more cuts than other less important departments so I see >> any time frames that may have been in place being extended. So the chaos >> will continue. >> >> regards >> >> Albert >> >> This message has been scanned for viruses on transmission. >> >> Any attachments will be listed and described in the text of the message. >> >> If this is not the case do not open any attachment until confirming >> validity. >> > > > > -- > Paula Whittell > Partner > > Berrymans Lace Mawer > Kings House, 42 King Street West > Manchester, M3 2NU > DX 14302 MANCHESTER 1 > Dir 0161 838 6813 > mob 07930 652299 > > > > > > > -- Paula Whittell Partner Berrymans Lace Mawer Kings House, 42 King Street West Manchester, M3 2NU DX 14302 MANCHESTER 1 Dir 0161 838 6813 mob 07930 652299