Landmark Case On Liability For Japanese Knotweed – Stephen Tromans QC

Landmark Case On Liability For Japanese Knotweed – Stephen Tromans QC


CategoryNews Author Stephen Tromans QC, Justine Thornton QC Date

Stephen Tromans QC appeared before the Court of Appeal in the case of Williams and Waistell v. Network Rail.

Judgment in this case, which has attracted much public interest, was handed down on 3 July. Stephen acted for Mr Waistell, one of two claimants seeking damages from Network Rail in respect of private nuisance caused by Japanese Knotweed present on the railway embankment adjoining their bungalows.  The Court of Appeal upheld the decision of the Recorder in favour of the claimants, but on different legal reasoning.  The non-technical Press Summary issued by the Court can be accessed here. The Court refused Network Rail permission to appeal to the Supreme Court.

Stephen was instructed by Rodger Burnett of Charles Lyndon Solicitors and assisted by Nicola Atkins of 1 Chancery Lane, who represented Mr Waistell at first instance. Justine Thornton QC of 39 Essex Chambers also assisted in preparation of the written arguments for the appeal.


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