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ARTICLE · 03 FEBRUARY 2020

Pest Control – Containing Japanese Knotweed Claims

We are still seeing a high number of Japanese knotweed claims against surveyors.

United KingdomLitigation, Mediation & Arbitration

We are still seeing a high number of Japanese knotweed claims against surveyors; the product of much anxiety around JKW, which seems to have steadily increased since the turn of the millennium, reaching fever pitch over the past few years with photographs showing JKW growing through concrete and stories of destruction and loss of value to property.

In addition to the criminal and planning offences, we have seen a spate of claims in nuisance, claims against vendors for misrepresentation and professional negligence claims against surveyors. The main problem with JKW, which differentiates it from other invasive species, is that it is difficult to eradicate.

A number of bodies had provided some guidance on the issue of JKW, starting with the Environment Agency in 2006, which published a best practice paper entitled "Managing Japanese knotweed on Development Sites" and culminating with the RICS Information Paper published in 2012 (now out of date and soon to

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