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landmarks in the common law

When knotweed is a nuisance

Andrew Mitchell assesses the value of Williams v Network Rail (2018) for understanding this important topic

This column is relevant for AQA A-level paper 2 (tort), OCR A-level paper 2 (law making and the law of tort) and WJEC Eduqas papers 2 and 3 (tort).

In Williams v Network Rail (2018) the claimants owned two bungalows that backed onto land owned by the defendant, Network Rail. An invasive plant species, Japanese knotweed, had been present on Network Rail’s land for some 50 years and over that time had encroached onto the land occupied by the adjoining bungalows. The claimants each sought an injunction to force the defendant to get rid of the knotweed on its land, and pay damages.

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Private nuisance explained

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Law and justice

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