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Phil John  
#1 Posted : 19 November 2010 08:04:57(UTC)
Rank: Forum user
Phil John
Hi Guys Does anyone know of any current Japanese Knotweed cases over the last few years? With fines etc Regards Phil
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SteveL  
#2 Posted : 19 November 2010 09:38:37(UTC)
Rank: Super forum user
SteveL
Phil Flanagon v Wigan Metropolitan Borough Council 1995 Japanese Knotweed is governed under the EPA 1990 and The Countryside Act 1981
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MB1  
#3 Posted : 19 November 2010 09:40:48(UTC)
Rank: Super forum user
MB1
Not sure actual cases directly dealing with this horrible pest! I had experience of trying to remove this from land on a large retailer. Considerations included EPA with regards to treating it as hazardous and controlled waste, also assess possible impact to neighbouring land which I used and considered Rylands V Fletcher as relevant case law to consider. http://www.actassociates...ures/files/Filev1442.pdf Also Section 14 of the Wildlife and Countryside Act 1981 Hope this is of help as this weed can cause so much damage and requires some lateral thinking in managing it's destruction and removal.
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Phil John  
#4 Posted : 19 November 2010 11:32:03(UTC)
Rank: Forum user
Phil John
Hi Guys I found Flanagon v Wigan Metropolitan Borough Council 1995 (prior to posting this); so I'm aware of this Case Law. Last week I did relate this to Rylands V Fletcher (Strict Liability). Just wanted to know if there was current cases. But anyway; thanks so far guys. Much appreciated!! Phil
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chambers  
#5 Posted : 20 November 2010 21:47:30(UTC)
Rank: Forum user
chambers
Try the latest copy of Munkmans on employers liability - from your local library.
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freelance safety  
#6 Posted : 21 November 2010 12:54:12(UTC)
Rank: Super forum user
freelance safety
ffion, waste containing Japanese knotweed is controlled under the Environmental Protection Act 1990, which I'm certain you are aware of. This falls under the remit of the EA (Environment Agency). If you write to them they will provide you with all the enforcement action taken in relation to the subject matter. Unlike HSE they I don't believe they have an online service. You can then address all the legal precedent following on from the supplied information. NB. You must address the request under the Freedom of Information Act! (takes up to 20days). Hope this helps. Failing this try Lawtel (free for online students) accessed via Athens.
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