Is Japanese Knotweed inherently damaging? Network Rail Infrastructure Ltd v Williams and Waistell [2018] EWCA Civ 1514

Abstract

The Court of Appeal in Network Rail Infrastructure Ltd v Williams and Waistell [2018] EWCA Civ 1514 held that the encroachment of Japanese Knotweed can be grounds for an action in nuisance if development or improvement of the property would require the treatment of contaminated soil and/or its licensed removal as controlled waste. The damage in this case was to the quiet enjoyment of the owners’ properties as a result of the loss in amenity value occasioned by the limitations on their use of the property without being encumbered with requirements for costly remediation. The case has potentially serious implications for conveyancing. The nature of the risk posed by Japanese Knotweed has recently been questioned and is being considered by the House of Commons Select Committee on Science and Technology.