Tree Law Conference – Slide Pack
On 2nd July 2026 we welcomed clients, arboriculturists and industry colleagues to our office in Barry for our annual Tree Law Roundtable. Four sessions, one shared theme: good decisions about trees stand or fall on the quality of the evidence behind them.
Life as a Judge: evidence, judgment and the file you leave behind
Our Managing Partner Helen Wilson, who also sits as a Deputy District Judge on the Wales Circuit, opened with a view from the bench. By the time a dispute reaches court, the tree may have been felled, the cracks repaired and memories faded. A judge must reconstruct the past from the record that remains, and decides what is proved, not what is suspected or what feels obvious.
Drawing on Berent, Robbins and the recent Mallas decision, Helen highlighted three habits that make good cases harder: needless heat in correspondence (which may become an exhibit), generic assumptions (“nearby tree”, “London Clay”, “felling fixes it”), and evidence that disappears because nobody has yet called it evidence. Her advice was simple. Keep the file chronological and clear, separate fact from assumption from opinion, record the reasons for decisions, and prepare every file as though a judge may one day read it. Done well, this resolves disputes earlier and saves costs.
Sarah Dodd – When Trees Become Legal Problems
Sarah Dodd explored how legal thinking can help organisations avoid costly disputes and make better decisions at an earlier stage. She explained that a single tree can mean very different things to different stakeholders, ranging from a subsidence risk and maintenance obligation to a habitat, protected amenity or reputational issue. Her presentation identified the key legal questions that shape outcomes, including ownership, notice, permissions, evidence and recoverability. She also highlighted the situations where early specialist legal advice can prevent problems escalating and improve both evidential and commercial outcomes.
A balanced approach to tree risk management
Neil Davies, Head of Arboriculture at Keystone, brought 30 years of experience to the question of proportionate risk management. The overall risk trees pose to human safety is extremely low (an average of 4.5 deaths per year in the UK from falling trees and branches, against odds of around 1 in 15 million), so the answer is rarely keep or fell. Neil set out an ISO 31000 compliant approach: allocate resource proactively, agree a policy, zone land by priority, and use a suitably qualified person for active assessments, dealing with the highest risks first.
Tree felling: getting permission
Marc Liebrecht, Associate Director of Forestry at Keystone, closed with a practical guide to felling licences under the Forestry Act 1967. His headline: tree felling is a legally controlled activity, and felling without a licence risks prosecution, an unlimited fine and a restocking notice. Build in realistic timescales (approval can take up to three months), understand the exemptions, and never start work before the approved licence is in place. Tree Preservation Orders and conservation area rules may apply on top.
The thread that ties it together
Whether you are managing a tree estate, responding to a subsidence claim or planning felling works, the same questions apply. What data do you have? What assumptions are you making? Can you show what you did, when, and why?
Thank you to everyone who attended, we hope you enjoyed the day and found the information useful. We look forward to seeing you again next year!
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