News

In a recent case heard at County Court in London, the plaintiff’s claim was dismissed, and the defendant found not to be liable for damages or loss of value to her neighbour’s property caused by Japanese knotweed. Furthermore, the plaintiff was ordered to pay the defendant’s legal costs, making her liable for a bill estimated to exceed £100,000. Ouch.

While the judge, Grahame Aldous KC, highlighted that the plaintiff had been ‘obstructive’ in the witness box – in contrast to the defendant (a ‘careful witness who was trying to assist [the judge]’) – the crux of the case seems to have been that the judge found it credible that the defendant had not known that…

For many people, the word “audit” inspires a sense of impending doom and a panicked search through files and hard drives to scramble together enough information to deal with whatever unexpected requests the terrible sadist of an auditor might come up with.

I’ve been on both sides of numerous audits and I don’t see anything to fear, so I’d like to give you some insight from an INNSA auditor’s point of view.

Firstly, I can tell you that members’ fears about an INNSA audit are probably misplaced. INNSA members already meet many of the highest standards in the industry by complying with INNSA’s membership criteria, and much of the audit is simply about checking compliance with these standards. There’s little reason to go over the same ground these standards cover.

While “enjoying” the current summer hiatus in government and given the continuing popularity of INNSA’s Code of Practice – Managing Japanese Knotweed, we at INNSA felt it was worth a quick update on what the government does still have in place as regards invasive plant species management.

There are two principal sets of guidance we’ve reviewed – Regulatory Position Statement (RPS) 178 – which deals with the legal aspects of managing invasive species – and some under-publicised land management guidance from the EA, Defra and Natural England, one set specifically about Japanese knotweed and another on preventing the spread of invasive non-native plants.

I must admit in the last few months to having had the odd doubt about the relevance of INNSA. The Property Care Association (PCA) pretty much covers everything a trade body should cover and does so with a huge amount of experience to back the service that it provides.

Insurance-Backed Guarantees (IBGs) are a fact of life within the Japanese knotweed industry and have been for several years. They are as much a feature of the conveyancing process as the plethora of other indemnities available to mitigate against every little issue that ever marred the balance sheet of a mortgage lender.