A Practical Guide to the Law in Relation to Japanese Knotweed and Other Invasive Plants

This practical guide covers all the key points for any claims arising from Japanese knotweed and other invasive plants. It explores nuisance claims against all types of defendants, professional negligence claims against surveyors and conveyancers and misrepresentation claims against sellers.

The guide gives a comprehensive approach on all key issues including breach of duty, causation and damages, including diminution in value. The guide considers the legal framework as well as what evidence is required and how to approach expert evidence.

All in all, it is an efficient start-to-finish guide for anyone dealing with Japanese knotweed claims and any other invasive plants claims.

ABOUT THE AUTHOR

Tom Carter is a barrister at Ropewalk Chambers. He has been consistently ranked as a leading barrister for property law, with the 2021 edition of the Legal 500 recognising that he is: "a particularly notable figure within the team for his specialism in cases relating to Japanese knotweed, having recently appeared in several agenda-setting nuisance, misrepresentation and professional negligence cases around infestations of the invasive species".

Tom acted as sole counsel for the successful claimant, Mr Williams, in the case of Network Rail v Williams [2018] EWCA Civ 1514, the leading case on liability in nuisance for Japanese knotweed. He is currently instructed by claimants and defendants in well over 100 ongoing knotweed cases, many of which are likely to set the agenda on a number of important issues.

CONTENTS

Part One - Nuisance Claims

1. The Elements of a Nuisance Claim

2. Encroachment

3. Duty of Care

4. Breach of Duty

5. Causation

6. Diminution in Value

7. Treatment Costs

8. Repairs and Other Losses

9. Mitigation and Contributory Negligence

Part Two - Article 1 Protocol 1

10. Article 1 Protocol 1 Claims

Part Three - Misrepresentation Claims

11. The TA6 Form

12. Liability

13. Reliance

14. Damages

15. Rescission

Part Four - Professional Negligence Claims Against Surveyors

16. Duty of Care

17. Breach of Duty

18. Causation and Damages

Part Five - Professional Negligence Claims Against Conveyancers

19. Claims Against Conveyancers

Part Six - Procedure

20. Limitation

21. Costs and Allocation

Part Seven - Other Invasive Species

22. Other Invasive Species