Landmark Legal Case For Japanese Knotweed

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A landmark legal case has seen significant compensation awarded to a homeowner whose bungalow was invaded by Japanese knotweed encroaching from a railway line.

Homeowner Robin Waistell claimed he was unable to sell his property during a four-year legal battle with Network Rail.
The case is likely to set a precedent in legal disputes between businesses and homeowners over responsibility for treating Japanese knotweed.

Japanese knotweed compensation

Network Rail faces potential legal costs running into six figures after losing the case bought against them by Mr Waistell and his neighbour.

Widower Mr Waistell, 70, has already been awarded £15,000, with a third of that to pay for an insurance-backed guarantee on a chemical treatment programme for the Japanese knotweed.

Mr Waistell: "We've won the case. I am pleased with the judgement. It has gone on for some four years now.

"I know there are so many people on the railway lines, and the road ways, they just seem to accept that it (Japanese knotweed) is there. But there is a lot of help if they decide to look for it. It is a horrible, horrible plant."

What does this mean for businesses?

The result of this case would suggest that businesses are certainly going to more accountable for knotweed on land they own in the future.

Les Meikle, founder of Wise Knotweed Solutions, said: “Anytime I have been out and about doing CPD (Continued Professional Development) seminars on the topic of Japanese knotweed, the key questions I get asked again and again are about knotweed legislation and the law regarding knotweed.

“I can only see this becoming a greater concern after Mr Waistell’s success in his case against Network Rail.”

Do have the Knotweed knowledge

If you run a business, or feel your workplace could benefit from learning more about Japanese knotweed and the laws surrounding it, then you can book a FREE CPD seminar with Wise Knotweed Solutions. Our expert staff will deliver an insightful presentation and answer your questions (they will even provide lunch).

Our CPD courses are available right across Scotland.

Book a FREE CPD Seminar