A Network Rail spokesperson said: It will take some time to review the judgment and its implications. However, we do take quick and decisive action when we are notified of knotweed issues on our land.
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Legal Victory In UK Japanese Knotweed Case Could Lead To More Claims
Court of appeal ruled homeowner could recover loss of value even if knotweed has been treated
A significant legal victory in a case brought by a householder affected by Japanese knotweed has raised the prospect of an increase in claims from people stricken by the hazardous plant.
The court of appeal ruled that a homeowner could recover damages for a loss of value of their property from having had Japanese knotweed, even if it had been treated. Marc Davies was awarded £4,900 from Bridgend council in south Wales in a judgment that his lawyer, Tom Carter, said established that one could recover damages for the stigma attached to the house, even after knotweed had been eradicated, and not just physical damage caused by it.
“Inevitably, if you’ve had knotweed and then had it treated, the rhizomes (roots) are still there in the ground, even though it’s been treated,” he said. “There’s then a stigma that’s attached [to the house].
“The importance of Davies is that it has confirmed beyond doubt that that loss [on the house value] can be recovered and that’s really the crucial issue.
“If the court of appeal had said no on that point, then anyone affected by knotweed could get the treatment costs but then they’d be left out of pocket for this loss of value of their home. And if they were to sell their home a year, five years later or whenever, they’d still suffer a loss at that point they wouldn’t have been able to recover.”
Japanese knotweed can take five years to treat. It can grow to 3-4 metres in just 10 weeks and its rhizomes can spread 7 metres horizontally underground and compromise the structure of buildings.
The species was introduced by botanists into Britain in the 19th century as an ornamental plant, with Victorian engineers purportedly using it to stabilise railway embankments. Network Rail – along with local authorities – finds itself as the defendant in a large number of cases.
The principle that adjoining owners could be sued for encroachment of Japanese knotweed was established by the court of appeal in a 2018 case, which Carter also acted in, brought by the owners of two adjoining bungalows in Maesteg, south Wales, against Network Rail.
Last month, a house seller was ordered to pay £32,000 in damages plus legal costs for misrepresenting to the buyer whether there was Japanese knotweed at the property. Surveyors have also been sued for professional negligence for failing to identify its presence.
Chun Wong, partner at Hodge, Jones & Allen solicitors, said the Davies case would probably encourage claimants at a time when the number of cases was already growing.
She said: “It’s talking about what happens after the knotweed has been treated so it’s been found in the garden, hasn’t caused physical damage per se, but just having its presence because of the stigma attached … means somebody is going to pay less for this house than if the house had no knotweed at all.
“Whether this will open floodgates, I think time will tell. I suppose it just makes it easier for homeowners who have the presence of knotweed without actual physical damage to think: ‘Maybe I should make a claim.’
“The public are more aware and more educated about knotweed, the dangers of knotweed … and so, therefore, people are more prepared to litigate over it.”
Carter estimates he has already acted in 200 cases relating to Japanese knotweed and has another 100 outstanding.
He said: “The knotweed landscape probably will stay [busy] for the foreseeable future … and I can see defendants probably fighting more in that they no longer have an argument about claimants being unable to recover for diminution [of property price], so the value of the claims are higher.
“Whether it leads to an increase in claims I don’t know because I’ve got hundreds already and it’s been going on for years now – but I can’t see the issue going away.”
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When you’re trying to lose weight, cutting the calories and upping your workouts can go a long way to helping you achieve your goal, but yoga goes one step further. Not only does it help you tone up all over, but yoga also brings your mind and body back into balance, which can improve your relationship with food.
Firstly, try to identify why you’ve gained weight. Sitting or lying on your mat, take a few deep breaths to quieten your mind and soften unnecessary tension in your body. Next, spend 10 minutes doing a yoga breathing technique, such as full yogic breath or alternate nostril breathing, then reflect on the reasons behind your weight gain. Do you eat when stressed, are you confusing thirst for hunger, or maybe you’ve been missing socializing and eating for comfort? Using these techniques calms and balances your system to help you become more aware of your triggers, enabling you to notice the difference between genuine hunger and emotional eating.
Mindful eating
Research in the journal Evidence-based Complementary and Alternative Medicine found that yoga practitioners in the study had ‘less stress eating, reduced appetite, fewer cravings and a shift toward healthier, more mindful eating. Try a few rounds of yogic breathing before eating, when preparing meals or planning the week’s menu – it can be a powerful way to retune established eating patterns and give you the mental space to care for your deeper needs, instead of finding temporary satisfaction with food.
Yoga to suit you
Find a yoga style that meets your needs, personality, and weight-loss goals. Do you prefer a high-energy class that leaves you breathless and sweaty, or would you prefer a more relaxing yoga class? Whatever you prefer, yoga can help you tone up and lose weight. Here are three yoga styles to get you started…
Astanga – the muscle builder
A strong yoga practice such as Astanga actively contributes toward weight loss by building lean muscle mass. The good news for dieters is as muscle burns more calories than fat– both during and after your workout. Ashtanga is a challenging style of yoga based on vinyasas (where you flow from one posture to the next without a break) – the most familiar being the upper body and core strengthener plank, to low plank (chaturanga), to upward dog, to downward dog. There are six sets of sequences, known as ‘series’ and you learn them in sequential order.
Hot yoga – the calorie burner
The most famous hot yoga style, Bikram, can burn between 500 to 1000 calories in a 90-minute class, and studies show its higher temperatures (up to 40C) reduces body fat percentage more than yoga at normal temperatures. Bikram classes focus on 26 postures (no downward dog or headstand), but if you want to do more poses and still see the weight-loss benefits of practicing in higher temperatures, there are other styles to explore – you can try Hot Power Yoga or Baptiste Power Yoga.
Restorative – the stress buster
Feeling under pressure? Your body shape will tell the tale. Unused cortisol, a by-product of long-term stress with no outlet, is stored as visceral or abdominal fat around your belly. Calming practices, such as restorative yoga – where you deeply relax your nervous system by resting in seated or lying postures supported by bolsters and blocks – can help reduce cortisol levels and weight around your middle. In one study, participants doing restorative yoga lost more than 2.5 times the amount of subcutaneous fat (fat visible just under the skin) compared to a control group.
Odyssey has been the lead content writer and content marketer. He has vast experience in the field of writing. His SEO strategies help businesses to gain maximum traffic and success.
