Strapline
A leading set specialising in commercial, construction, insurance and property law
Knotweed: Law & Practice (Rerun)
28 Nov 2018, 17:30 - 19:30
Hardwicke, Hardwicke Building, New Square, Lincoln's Inn,London , WC2A 3SB
Please note that this seminar is already over-subscribed. If you would like to have your name added to the reserve list, please contact events@hardwicke.co.uk
With Japanese Knotweed giving rise to an increasing number of neighbour disputes and press coverage, members of Hardwicke’s property team (Andrew Skelly and John Clargo) consider the Court of Appeal decision in Network Rail Infrastructure Ltd v Williams and Waistell [2018] EWCA Civ 1514.
Guest speakers, Dr Dan Jones and Dan Clugston from Advanced Invasives, will look at the latest scientific research on JKW, including the results from their own extensive field trials conducted with the Department of Biosciences from Swansea University.
The talks will cover:
- Liability in claims for property damage.
- Best practice in JKW management and control.
- Claims and remedies in light of the Court of Appeal decision.
The session will be chaired by Andy Creer, who acted for Network Rail.
Programme
- Registration: 17:30
- Presentations: 18:00
- Drinks and canapés: 19:30
Speakers
Andy CreerA key focus of Andy’s work is commercial landlord and tenant, from the interpretation of break clauses to terminal dilapidations claims. She has a strong practice in lease renewals under the 1954 Act. She has recently acted on injunctions for Stagecoach, Cancer Research and TfL involving commercial premises.
She has a particular interest in the Electronic Communications Code and routinely acts for landowners seeking to remove mobile phone masts and other apparatus from their land. She had come up with a solution to the “Catch 22” (the interplay between the Old Code and ground (f) of the Landlord & Tenant 1954). This was being tested by a landlord wishing to develop its land, when the New Code was brought into force. So instead she has been busy working out what the transitional provisions mean in practice.
Her recent work on property damage includes the first trial in England & Wales on the liability for property damage from Japanese Knotweed, advising on a sinkhole and for loss sustained as a result of a landslip. She also has experience of some more specialist areas of property law, for example, mobile homes, canal boats and a nudist colony.
Andy is noted for her excellent forensic analysis skills and incisive witness handling. One expert building surveyor compared the experience to being “cross-examined by a smiling Doberman”.
Andy came to the Bar after a successful career in industry, latterly as the director of an international manufacturing company. This experience, allied with her first degree in business and finance, means she provides clients with commercially-focused advice.
Outside of work she enjoys skiing, scuba diving and travel (which is lucky as she is married to an airline pilot).
- Andrew Skelly
Andrew’s practice encompasses all areas of real property law, with a particular focus on the areas of rights of way and other easements, public rights of way, and boundary disputes. Andrew has developed a special interest in the area of conduits: drains, sewers, pipes and cables. He also has substantial experience dealing with disputes relating to the growing problem of Japanese Knotweed, and regularly advises a large national landowner on this issue.
Andrew also practises in all areas of commercial and residential landlord and tenant law, dealing with both contentious and non-contentious matters. His clients include local authorities and estates, private and corporate land owners, developers and management companies, and private individuals (both private and publicly funded), and is happy to receive instructions from individuals and businesses through Direct Access.
Andrew is regularly instructed by a number of Local Authorities and Councils, dealing predominantly with their commercial property issues, and is frequently commended for his practical, versatile and commercial approach.
Andrew has considerable experience of litigation in the Court of Appeal, High Court, County Courts across the country, the Upper Tribunal (Land Chamber) and the First-tier Tribunal. He also regularly represents parties in mediation, and at public inquiries regarding public rights of way.
Andrew was appointed as a Deputy District Judge in 2013. He sits in the County Court in London, Surrey, Sussex and Kent.
- John Clargo
John’s practice is primarily based on advice and representation in relation to the law of property, dealing regularly with owners of freehold and leasehold interests in land.
He also handles professional negligence litigation in relation to property professionals as well as commercial insolvency and general contractual disputes, where his property expertise gives him the edge
“An extremely capable and experienced advocate”, the legal directories recommend him not only as “the quality of his work is excellent” but also because he is “very easy to deal with” and “highly approachable”.
In a previous life John was a civil servant working in matters concerning defence and foreign affairs.
