A woman who attempted to sue her elderly neighbor over a Japanese knotweed that “broke through her garden fence” faces a $100,000 legal fee after her case was dismissed.
Charron Ishmael, 50, alleged that retired NHS consultant Dr. Sheila Clark, 72, knew for years that she had the invasive plant in her yard in Islington, north London, but took no action to eradicate it.
Mrs. Ishmael claimed that the invasive canes, which are notoriously harmful and difficult to eradicate, infested her garden and reduced the value of her home by £150,000.
She filed a lawsuit against her neighbor at the Central London County Court, but her case was dismissed this week after Dr. Clark claimed she had not seen the knotweed until 2017 because she was “not engaged in gardening.”
Judge Grahame Aldous KC dismissed her claim and ordered Mrs. Ishmael to pay Dr. Clark’s legal fees, estimated at £83,000, with £65,000 payable up front, plus her own litigation costs, for a total loss of more than £100,000
The court was informed that the two neighbors owned adjacent terraced houses on Bunning Way in Islington, north London.
She stated that she first became aware of knotweed in the neighborhood when another neighbor pointed out that the canes in Dr. Clark’s end-of-terrace garden were taller than the fence.
She stated, “My neighbor informed me that Japanese knotweed could spread, and I was concerned.”
She told the judge that the knotweed was “out of control” and “growing rapidly,” adding that it was “overhanging” the border fence and eventually “broke through my fences.”
Dr. Clark, who admitted knowing about the knotweed infestation since the summer of 2017, arranged for the area to be treated by specialized contractors, and the weeds were dug up in the summer of 2018.
Mrs. Ishmael argued that eleven months was too long, since the knotweed rhizomes would have continued to spread underneath the barrier and into her garden.
In addition, evidence revealed that the knotweed had been in Dr. Clark’s yard for “several years” and that it had been treated by an incompetent individual.
Mrs. Ishmael told the judge during the trial, “I believe she has known about the Japanese knotweed in her garden for many years and has done nothing about it.”
Mrs. Ishmael ultimately had to pay thousands to have the resultant infestation in her garden treated, and she has now sold her home for £150,000 less than the initial valuation of £1.1 million.
However, Dr. Clark stated that she was unaware of the infestation until it was brought to her attention in 2017 and that she took quick action to hire professionals to eradicate it.
Japanese Knotweed is a plant species with stems resembling bamboo and tiny white blooms.
The plant, which is native to Japan, is considered an invasive species.
The plant, Fallopia japonica, was brought to Britain by the Victorians as a beautiful garden plant and to stabilize the soil between railway tracks.
In the United Kingdom, it has no natural enemies, whereas in Asia it is controlled by fungi and insects.
It is listed as an invasive weed in 12 states in the United States and is present in the remaining 29.
Unchecked, it can cause severe damage to structures and construction sites due to its extreme tenacity and rapid growth.
The renowned plant may destroy entire gardens by strangling other plants.
It can grow eight inches in a single day, depriving other plants of vital nutrients and water.
She continued by saying that her deceased former gardener had told her he knew nothing about Japanese knotweed and was shocked to learn that it was growing in her garden.
She also had a very demanding job and ‘no interest’ in gardening, finding time only twice a year to pull weeds and spray store-bought weedkiller between the paving stones.
She reiterated that she is not a gardening expert after being informed that her non-expert use of a standard weedkiller may have made any existing knotweed more difficult to eradicate.
She added, “I have unknowingly treated it with something, but I had no idea I was treating Japanese knotweed.”
I was a medical doctor, have a very busy profession, and only have time to garden twice a year.
Even after such a tragic event, I have absolutely no interest in gardening.
I keep wishing I had purchased a one-bedroom apartment instead of a four-bedroom house.
Tom Carter, counsel for Mrs. Ishmael, stated that it was highly unlikely that a’sensible, intelligent’ individual like Dr. Clark would hire a gardener so ignorant that he had never heard of Japanese knotweed.
Recorder Aldous supported Dr. Clark’s defense, stating that she was a ‘careful witness who was trying to assist me,’ whereas Mrs. Ishmael had been ‘obstructive’ in the witness box.
Dr. Clark owed a duty of care to her neighbor after she was informed of the knotweed infestation in 2017, but she had no ‘constructive knowledge’ of the infestation prior to that.
After discovering the presence of the weed in her garden, she took the necessary steps to eradicate it, conducting research and contacting professionals to perform the work.
“It seems to me that, when confronted with a problem about which she knew nothing, she approached it with her professional attitude by attempting to investigate the problem, identifying treatment options, and then putting those options into action,” he said.
It appeared to me to be a rational, logical, and reasonable strategy.
He added that an expert who provided an independent report for the trial concluded that the knotweed had been present in both Dr. Clark’s and Mrs. Ishmael’s gardens prior to 2017.
In dismissing her claim, he ordered Mrs. Ishmael to pay Dr. Clark’s attorneys’ estimated £83,000 legal fees, with £65,000 payable up front, in addition to her own case expenses.