Senior associate solicitor Jonathan Dinsdale, in law firm Blandy & Blandy’s Dispute Resolution team, looks at a recent case and decision by the Court of Appeal involving Japanese Knotweed.
The spectre of Japanese Knotweed litigation has risen again following a recent decision by the Court of Appeal that a homeowner has been allowed to claim compensation after the harmful plant spread from a neighbouring cycle track owned by the local authority into his garden. Marc Davies began experiencing problems with the pernicious weed back in 2013, however it was not until recently that the case came before the Court with a District Judge ruling that Mr Davies was not able to recover the £4,900.00 he claimed for the alleged blight to his property.
His Honour Judge Beard has overturned this in his ruling of 3 February 2023, concluding that although the local authority had carried out a reasonable and effective treatment programme in 201 to remove the Japanese Knotweed from the site as best as it could, there had been a residual diminution in value of the property. Mr Davies successfully argued that even once treated, the Japanese Knotweed had reduced the value of his house as it stopped him from being able to carry out landscaping works and put up a shed or building in his garden.
Although the damages successfully claimed are nominal, this landmark judgment potentially allows the floodgates to open against local councils which have allowed Japanese Knotweed to escape from their land. Counsel for Mr Davies confirmed the importance of the Court of Appeal decision saying that “It confirms that a homeowner who suffers a loss in the value of their home from the stigma left from Japanese Knotweed even after it has been treated, can recover damages for that loss”.
It is reported that legal fees for the Respondent, Bridgend Council, were somewhere in the region of £300,000.00. Japanese Knotweed is a serious problem due to the fact that land which is contaminated by the plant and its rhizomes requires significant remedial measures as in most cases in order to remove the presence of the rhizomes, the entire top soil must be removed and disposed as a hazardous waste.
Should you require any assistance in relation to a dispute involving Japanese Knotweed or another form of property dispute, please contact Jonathan Dinsdale in our Dispute Resolution team.
For further information or legal advice, please visit www.blandy.co.uk.
I just read an article about a case involving a Japanese puffer fish and am really impressed by how difficult it is to resolve such cases in court. It was very interesting to learn that at first the owner was unable to obtain compensation, but after an appeal, the court ruled in his favor. This shows how important it is to properly document the damage and persevere, even if the case drags on for years. I think that such materials are useful not only for lawyers, but also for ordinary people who may encounter similar problems in their own lives. And while I read such articles, I like to use services for quick transfers of funds to loved ones or online payments, such as profee, where the profee send money feature helps you quickly and securely send money anywhere in the world. This is especially convenient when you need to urgently support someone financially while resolving various domestic or legal issues.
This knotweed problem sounds tricky. If you ever need a little break from all this stress, I found something fun online: https://odds96.com/en/blog/monopoly-big-baller-score
— it’s easy and helps you relax for a few minutes.