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
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