Lawyers hail knotweed ruling

LAWYERS have hailed a Court of Appeal ruling on Japanese knotweed as a victory for homeowners.

Following the landmark case, legal firms say landowners will now have to take their responsibiliies seriously to remove the hazardous plant – or risk having to make payouts.

As reported in yesterday’s Echo, three leading judges ruled in favour of two householders whose properties had been affected by the invasive weed.

Stephen Williams and Robin Waistell, who own two adjoining bungalows in Llwydarth Road, Maesteg, were awarded about £15,000 in damages at Cardiff County Court in February last year after they sued Network Rail – which owns the land immediately behind their properties.

The pair successfully claimed that, while there was no actual physical damage to their properties, the hazardous plant had encroached on their land and reduced the value of their homes.

Network Rail challenged the ruling at a hearing in June, but it was upheld by the Court of Appeal on Tuesday.

The court found the neighbours were entitled to compensation for their “diminished ability to enjoy the amenity and utility of their respective properties”.

Speaking after the ruling, Samantha Towle of JMP Solicitors – which represented Mr Williams, said: “This is a fantastic result for not only my client Mr Williams, but for other homeowners in a similar position of which we represent many around the country.”

Ms Towle said the result of the ruling is that both men will keep all of their damages – including the damages they are entitled to for the fall in the value of their properties.

Rodger Burnett, of Charles Lyndon law firm – which represented Mr Waistell – said: “This is a great result for Mr Waistell and homeowners up and down the country.

“For far too long landowners like Network Rail have paid scant regard to the impact that their failure to adequately treat Japanese knotweed has had on adjoining properties.

“Hopefully now organisations like Network Rail will take their responsibilities seriously and remove the knotweed on their properties.”

Mr Williams said: “I’m really happy we have eventually won.

“It has been a long hard battle, but there is basically a light at the end of the tunnel now.”

The court refused to give Network Rail permission to challenge the ruling in the Supreme Court.

A Network Rail spokesman said: “As many gardeners know, Japanese knotweed is invasive and requires several years of treatment to remove.

“Once identified, Japanese knotweed growing on our land is entered into a treatment programme.

“We will continue with this established regime, which complies with legislation and helps us run a safe, reliable railway.

“Network Rail is aware of today’s ruling by the Court of Appeal and is considering its implications.”