In association with Blandy & Blandy Victory in Knotweed case ‘could lead to more claims’

A DECISION to allow a homeowner compensation from a local authority when Japanese Knotweed spread from a cycle track to his garden could lead to more claims, according to a legal expert.

Reading-based solicitor Jonathan Dinsdale (pictured), who works for Blandy & Blandy in its dispute resolution team, warns the judge’s view could see the floodgates open on similar cases.

Japanese Knotweed is a serious problem due to the fact that land which is contaminated by the plant and its rhizomes requires significant remedial measures, including disposing of top soil as a hazardous waste.

On February 3, Judge Beard ruled that despite Bridgend Council providing an effective treatment programme to remove knotweed from the site owned by Marc Davies, it had led to additional problems for the homeowner.

This included a reduction in the value of his property, as he was unable to carry out landscaping works, or erect a shed or building in his garden.

Mr Dinsdale said:

“Although the damages successfully claimed are nominal, this judgment potentially allows the floodgates to open against local councils which have allowed Japanese Knotweed to escape from their land.

“Counsel for Mr Davies confirmed the importance of the Court of Appeal decision saying that, iIt confirms that a homeowner who suffers a loss in the value of their home from the stigma left from Japanese Knotweed even after it has been treated, can recover damages for that loss’.” n For further information, log on to: www.blandy.co.uk

It is reported that legal fees for Bridgend Council were in the region of £300,000.