Japanese Knotweed defence solicitors
£10,000 – £20,000+
Typical amounts sought by complainants
- Free phone consultation to outline your options Yes
- Deter spurious and aggressive claims Yes
- Clarity on what to do next Yes
It is increasingly common for homeowners to threaten legal proceedings for knotweed against a number of people – ranging from house sellers, neighbours and surveyors. In some circumstances the law requires the person complaining to be compensated, but a lot of this turns on whether the person knew about the knotweed, was at fault in some way, and whether any allegation can be proved.
If you receive a legal complaint about knotweed which seeks to hold you responsible, it is wise to speak to a specialist knotweed solicitor who has experience in defending claims of these type. Claims of these nature can quickly escalate and become quick complex, falling outside the small claims track, so speaking to a solicitor is strongly advisable before a claim is issued. Having an initial phone call does not cost you anything or tie you in to a contract, so simply enter the details of what has happened and a knotweed expert will review it for you, for free and outline your options.
The amount of compensation a complainant can win for a knotweed case depends on what they’re claiming for. Sometimes they just want a sum of money to fix the problem and put it right, which depending on the extent of the problem, could be a few thousand pounds upwards. In other cases, where they want compensation for the loss of value to their property (as there is a risk that knotweed may always return), compensation awards can be in the tens of thousands or more.
Knotweed removal – typically £1,000 – £3,000+
Loss of property value / land utility / amenity – typically £10,000 – £20,000 +
Complainants who are using a law firm are often running the case on a ‘no win no fee’ basis. This is an arrangement where their law firm does not take any upfront payment, and intend to charge the other side (you) their hourly rate if you lose the case, or if it settles. This arrangement generally does not work where the complaint is for under £10,000, as law firms will be reluctant to spend their time on it.
Recent case law from the Court of Appeal as well as the county courts have increased the scope of liability for knotweed disputes. This does not necessarily mean that every knotweed case has a good chance of winning. Typically the defendant in knotweed cases are organisations who should seek legal advice from their advisors as soon as they receive a complaint. In other cases (and as is increasingly common) it is a home-owner who sold a home without realising there was knotweed.