I’m pleased to have written this case analysis of the Supreme Court’s recent decision in Davies concerning Japanese knotweed (JK) for Lexis Nexis’ Legal News.
JK continues to be a major development constraint in certain parts of the UK, including South Wales where the claimant in Davies lives.
As Head of Climate, Environment and Sustainability at Capital Law, I have come across major projects which have been negatively impacted by JK – so, made more costly to deliver and greatly delayed. Technical solutions exist and often require much more than chemical spraying – e.g. installing barriers to prevent migration – but the jury is out as to whether JK can ever be eradicated.
As Davies shows, case law continues to develop too as impacted parties seek compensation for loss of value.
Read the full article on the Lexis Nexis website – Legal News (a LexisNexis account may be needed) and get in touch with our Environment experts.