Benchmark Solicitors LLP

  • Email
  • Facebook
  • LinkedIn
  • Twitter

0203 405 4540

info@benchmark-solicitors.co.uk

  • Home
  • About Us
  • Our Team
    • Paul Rogers
    • Ross Paterson
    • Louise Delgado
  • Practice Areas
    • Dispute Resolution
    • Property Repossession
    • Property Disputes and Property Investments
    • Insolvency & Bankruptcy
    • Landlord and Tenant
    • Probate Disputes
    • Agency Advocacy
    • Document Filing (Same Day)
  • Fixed Fee Work
  • News
  • Testimonials
  • Links
  • Areas Covered
  • Contact

Williams & Waistell -v- Network Rail Infrastructure Ltd

February 19, 2018 By Benchmark

In this case, two neighbouring bungalow owners in South Wales sued Network Rail for allowing Japanese knotweed roots to spread on their land. Japanese knotweed is a plant with bamboo-like qualities. It grows very quickly and densely and can damage structures such as paths, drains and walls. It is a criminal offence under the Wildlife and Countryside Act 1981 to plant Japanese knotweed or to allow this harmful plant to grow.

The bungalows were located on the top of an embankment sloping down to the railway line. Network Rail owned the land up to the bungalows’ boundaries. Japanese knotweed had been growing on the banking for over 50 years and Network Rail had been aware of the problem for many years as well, even though these specific complaints were first raised in 2013.

The Japanese knotweed here had not actually damaged the foundations of the bungalows yet. As no physical damage could be shown by the property owners, they did not succeed in the part of the claim for nuisance based on encroachment. In contrast, the court awarded the bungalow owners damages for stigma and for the diminution in value of their properties as the presence of the plant had affected the saleability of the properties. The court also found that Network Rail had been in breach of duty by delaying spraying and treating the plant for some years after they were aware of the problem and its likely effect on the properties. Finally, Network Rail did not have a prescriptive right (through long use) to cause a nuisance because it could not be shown that a nuisance had been caused for more than 20 years. In the end, Network Rail had to pay the bungalow owners damages of around £15,000 each. Despite only being a non-binding County Court case, this judgment could lead a large number of other similar claims being issued.

Benchmark Solicitors London can deal with nuisance and other property-related claims from their office in Central London.

Ross Paterson, Solicitor, 29th January 2017

Filed Under: Landlord & Tenant, Property Disputes

Property Solicitors Central London

Benchmark Solicitors LLP is a Central London based law firm specialising exclusively in land and property related disputes.  Our team of experienced property dispute lawyers are based in Temple just moments from the Royal Courts of Justice.

Our Expertise

Our solicitors only specialise in civil dispute resolution (commonly referred to as litigation). Our team have particular expertise in claims involving property repossessions and tenant evictions, landlord and tenant disputes, bankruptcy and the family home and investment property (including foreign property investments).  Given our proximity to the Royal Courts of Justice and Central London County Court we are able to offer competitive rates for agency advocacy services.

Recent News

  • Japanese Knotweed – Article on Davies -v- Bridgend County Borough Council
  • Brooke Homes (Bicester) Limited –v- Portfolio Property Partners Limited and Others [2021] – All Reasonable Endeavours in Property Contracts
  • London Trocadero (2015) LLP v Picturehouse Cinemas Limited – Commercial Rent Arrears
  • Article on Sequent Nominees Limited v Hautford Limited

Our Advantages

Highly specialised legal services: property litigation and insolvency/bankruptcy litigation.

Close knit team: clients get combined experience.

Location: Temple, near leading courts.

Fixed Fee Initial Meeting

We offer a fixed fee no obligation sixty minute meeting for us to provide you with initial advice and direction. Contact us via the contact form, email address or telephone for more information as to how we can help you begin to resolve your dispute today.

Keeping in Touch

Post: The Gate House, Cliffords Inn Passage, Clifford’s Inn, London EC4A 1BL

Tel: 0203 405 4540

Email: info@benchmark-solicitors.co.uk

Why not keep up to date with the current law via our Twitter, Linkedin and Facebook pages.

  • Email
  • Facebook
  • LinkedIn
  • Twitter

Check us out

Copyright © 2025 Benchmark Solicitors LLP Authorised and Regulated by the Solicitors Regulation Authority registered number 567492 Benchmark Solicitors LLP is a Limited Liability Partnership incorporated in England and Wales under registered number OC 372424