Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
View More View Less
Key definition
Derelict definition

What does Derelict mean? In maritime and admiralty practice, derelict describes a vessel, cargo or parts of a wrecked ship wholly abandoned at sea by those in charge, without intention or reasonable prospect of recovery, later found adrift or washed ashore. It is a descriptive common‑law term used across England and Wales, Scotland, Northern Ireland and Ireland, and appears in legislation where “wreck” includes flotsam, jetsam, derelict and lagan (for example, the Merchant Shipping Act 1995 (UK) and Irish wreck and salvage legislation), though the term itself is not usually exhaustively defined in statute. Key legal features and usage: - Indicates abandonment, distinguishing it from property...

Read More Right Arrow

Japanese knotweed: civil and criminal liabilities, species control orders, planning, anti-social behaviour, waste and transactional issues (England and Wales)

Practice notes
imgtext

Japanese knotweed locations

Japanese knotweed occurs across most of the nation. It thrives even in poor-quality or polluted substrates, colonising fringe patches of wasteland in cities and running beside railway corridors. As the bulk of the plant sits underground, it requires only a tiny patch of exposed soil to send up new shoots. Its ability to exploit neglected margins makes it prevalent in built-up districts. See Practice Note: Japanese knotweed—management.

The legal framework

While there is no statutory duty to eradicate Japanese knotweed or notify regulators, its spread can give rise to civil and criminal exposure and can negatively influence the value, saleability and insurability of land.

Civil liability

A neighbour may pursue a Common law action against a landlord or tenant where Japanese knotweed interferes with their enjoyment or harms their land. See Practice Note: Private nuisance—general principles. The advance of Japanese knotweed into adjoining land can also trigger responsibility in private nuisance. The Court of Appeal in Network Rail Infrastructure Ltd v Williams held that liability may arise even before any tangible harm occurs; the mere existence of rhizomes beneath the surface can suffice. In other words, physical damage is not a prerequisite for civil liability...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 22/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow