Court Judgements - Japanese Knotweed
Court Judgements - Japanese Knotweed
Case Law - Court Judgements - Prosecutions - Legal Disputes
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Court Judgements

Japanese Knotweed Related Court Cases, Legal Precedents & Case Law

Further down on the page we have listed significant court cases which have helped to shape what the legal boundaries are in relation to Japanese Knotweed.

One thing is very apparent - reports and surveys by an Expert Witness are essential to the outcome of any court case.

Court JudgementsThe Law on Japanese Knotweed is shaped by

  • The Environment Protection Act 1990
  • The Environment Agency - Code of Practice
  • The Wildlife and Countryside Act 1981
  • The Countryside and Rights of Way Act 2000
  • Hazardous Waste Regulations 2005
  • The Town and Country Planning Act
  • The Control of Pesticides Regulations 1986

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Customer Testimonials

Flanagan V Wigan Council

In Flanagan v Wigan Metropolitan Borough
l, a residential house holder bought civil action against the council in relation to Japanese knotweed that had encroached into his garden from adjacent land belonging to the council.

The court ordered the council to begin a 3 year management plan using herbicide to eradicate the infestation and to proceed with the installation of a reinforced concrete boundary (bund). The council was also ordered to contribute towards the costs of the proceedings.

Neal Soil Suppliers Ltd

In Neal Soil Suppliers Ltd v Environment Agency the claimant had removed soil contaminated with Japanese Knotweed, which was controlled waste, with a view to treating it under licence on its own land and then recycling it.

Having deposited the soil, the claimant then failed to obtain a waste management licence for the treatment. The Environment Agency prosecuted both the claimant and the developer from where the soil came under section 33 of the 1990 Act, with both parties convicted and fined. The Agency then served a notice under section 59 requiring the soil to be removed within 28 days.


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