Legal: a knotty problem

By James Bessey2018-07-26T05:00:00

James Bessey explains that a recent case showing nuisance can be caused by omission as well as action has implications for cladding fires

When one thinks of construction and nuisance, it is usually in terms of noise, aggravation, access, skips and disruption: all issues on which the industry has worked hard to reduce and improve performance.

However, nuisance is also a concept in law with potentially wide application to construction activities.

A recent case (Williams vs Network Rail Infrastructure Ltd and Waistell vs Network Rail Infrastructure Ltd, hereafter “Waistell”) looked at the liability of a party for the presence of Japanese knotweed on land adjoining two residential properties.

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