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 AUTHORTom 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.CONTENTSPart One - Nuisance Claims1. The Elements of a Nuisance Claim2. Encroachment3. Duty of Care4. Breach of Duty5. Causation6. Diminution in Value7. Treatment Costs8. Repairs and Other Losses9. Mitigation and Contributory NegligencePart Two - Article 1 Protocol 110. Article 1 Protocol 1 ClaimsPart Three - Misrepresentation Claims11. The TA6 Form12. Liability13. Reliance14. Damages15. RescissionPart Four - Professional Negligence Claims Against Surveyors16. Duty of Care17. Breach of Duty18. Causation and DamagesPart Five - Professional Negligence Claims Against Conveyancers19. Claims Against ConveyancersPart Six - Procedure20. Limitation21. Costs and AllocationPart Seven - Other Invasive Species22. Other Invasive Species