I’m looking for help and advice about...
I’m looking for help and advice about...
We started representing people with Japanese Knotweed Claims in 2013. Since then, what started as a trickle has now exploded as this invasive pest has spread quickly along railway lines, waterways, suburban streets and new housing developments across the country. Our team is headed by Samantha Towle who is an experienced litigator who won the recent case against Network Rail (2017).
Williams v Network Rail Infrastructure Ltd
The Williams case was successful at trial and is already considered a landmark case. Network Rail appealed and the High Court accepted that it was important enough to justify leapfrogging it straight to the Court of Appeal.
In July 2018 The Court of Appeal dismissed Network Rail’s appeal saying
“The Court of Appeal unanimously upholds the decision of the Recorder, but for different reasons to the ones he gave. The Court of Appeal holds that the claimants cannot claim in private nuisance merely because of the diminution in the properties’ market value. The claimants can claim, however, in respect of the encroachment of Japanese knotweed rhizomes because they have diminished the claimants’ ability to enjoy the amenity and utility of their respective properties.”
JMP Solicitors has acted for people in many large cases against all sorts of defendants. It recently acted for a client against a local council who the court accepted did not have a reasonable treatment plan.
Later in the year (2018), JMP Solicitors is acting in a large case against the Environment Agency which is the body that wrote the main code of practice for knotweed and is likely to be another landmark case.
JMP Solicitors is also acting in many other potentially landmark cases against surveyors who have failed to notice knotweed and also people who have sold their houses without disclosing that there is knotweed present. Every seller is required to say whether they know if there is knotweed present when they sell their house so the court’s decision on what is required of a seller may affect thousands of people up and down the country.
We are representing clients all over England and Wales in relation to nuisance claims caused by Japanese Knotweed and property diminution claims.
How does No Win, No Fee work?
If we think you have a successful case then we are happy to take your case on a ‘No Win, No Fee’ basis. That means that if we are unsuccessful then you are not required to cover our legal costs, however, we do ask that you cover any disbursements incurred on your behalf.
If we are successful then we deduct an agreed percentage fom any compensation recovered on your behalf, which is over and above the cost of a treatment programme.
To protect you from being responsible for your opponents’ legal costs and disbursements, we advise you to take out an After the Event insurance policy. The cost of the policy varies depending on the case and a quote will be obtained prior to taking out on your behalf.
If you would like us to assess your case then complete the form below or telephone our Japanese Knotweed team on 01476 565 295
Help is at hand
Complete our online enquiry form to receive a call back from one of our specialist Japanese Knotweed Claims specialists.
Alternatively call our Japanese Knotweed claims solicitors on 01476 565 295
Read about our win against Network Rail …
Speak to a specialist…
Reproduced: PRESS SUMMARY Network Rail Infrastructure Limited (Appellant) v Stephen Williams and Robin Waistell (Respondents)  EWCA Civ XXX On appeal from: Mr Recorder Grubb sitting in the Cardiff County Court, Cases Nos. B2OYX969 and B34YJ849 JUDGES: Sir...read more
Network Rail have admitted to their failings in dealing with this pernicious weed and the injunction we brought to make them deal with the problem has been agreed with by the Court of Appeal. What does it mean? This is a significant case for local...read more
Landmark Japanese Knotweed case reaches the Court of Appeal The Court of Appeal has today concluded its two day Hearing following a claim by a home owner against Network Rail following an alleged failure to treat and prevent Japanese Knotweed from damaging...read more