Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514
Mr Williams and Mr Waistell both made claims against Network Rail where Japanese knotweed was present on their properties from the growth of rhizomes under the surface which had come from neighbouring land owned by Network Rail. After unsuccessful attempts to eradicate the problem the claimants brought an action against Network Rail.
The claimants applied for an injunction for National Rail to treat and eliminate the Japanese knotweed on their land and to pay damages. It was claimed that the Japanese knotweed had encroached onto the claimants’ properties which resulted in unreasonable interference with their quiet enjoyment and amenity value of the properties which constituted an actionable nuisance as its presence affected the ability to sell the properties at market value.
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