In the recent case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell the Court of Appeal ruled that the presence of Japanese knotweed on Network Rail’s land had diminished the adjoining homeowners’ ability to enjoy the amenity and utility of their properties. Mr Williams and Mr Waistell were therefore entitled to damages despite the fact that they were not able to prove any physical damage to their property – the mere presence of the roots was sufficient.

Please click on the following links for our real estate blog on this case and also for Tom Carter's article (Ropewalk Chambers - Tom acted for Mr Williams at trial and on appeal).