Tom Carter
Specialist Japanese Knotweed Barrister
Knowledge and Experience
I am a barrister with a specialism in Japanese knotweed and I have acted in all of the leading cases. I have been ranked as a tier 1 (top tier) barrister in property cases for a number of years in the Legal 500 (a legal directory).
I regularly act for both claimants and defendants in three kinds of knotweed cases:
Knotweed spreading from one person’s land to another (known as nuisance claims).
Professional negligence claims against surveyors and lawyers.
Misrepresentation claims from buyers against sellers who have ticked “No”or “Not known” on question 7.8 of the TA6 form when selling their property.
I acted for the successful claimant in Williams v Network Rail Infrastructure Ltd [2019] QB 601 which is the leading case on nuisance claims involving knotweed. In that case, the Court of Appeal confirmed that encroachment of knotweed amounts to a nuisance.
I acted for the successful claimant in Davies v Bridgend County Borough Council [2023] EWCA Civ 80 where the Court of Appeal confirmed that diminution in value (the reduction in the value of someone’s home) is recoverable in knotweed claims. That case is going to the Supreme Court in early 2024 on the question of causation (where knotweed encroached historically, can a defendant still be liable for a loss in value?).
I am also acting for the claimant in the upcoming appeal in the Court of Appeal in the case of Churchill v Merthyr Tydfil Borough Council where the court is considering whether to revisit a decision from 2004 in the case of Halsey about whether the court can force parties to mediate or enter into other forms of alternative dispute resolution. That case will apply to all civil claims, not just knotweed, and has been adjourned to give a hearing time of 2 days because of the number of parties intervening given its importance. It may well later go to the Supreme Court
Lots of my cases have received widespread media attention: for example, in this case I acted for the successful defendants who were sued by their neighbours.
In this case, I acted for the successful claimant who sued the seller of his home for failing to declare the presence of Japanese knotweed.
In this case, I acted for the successful claimants who sued the Environment Agency for allowing knotweed to spread into their garden. The claim settled shortly before trial.
I do most of my work through solicitors but I am also qualified to accept work on a direct access basis which is where clients can instruct a barrister directly to save costs.
Details of the services I provide are set out on my services page.