Our legal client instructed Dr Jones regarding a claim of fraudulent misrepresentation brought against their client (the Defendant). The Defendant had sold a £1.2 million luxury residential home situated on a 1.2-hectare rural estate. The Claimant alleged that the Defendant had dishonestly answered ‘no’ to the presence of Japanese Knotweed on the Property Information Form (TA6) during the conveyancing process. The central dispute rested on whether the Defendant knew the plant was there and intentionally concealed it.
Brief
Dr Jones was instructed to:
Investigate the property to determine the age and extent of the Knotweed.
Conduct desk-based analysis using historical aerial photography and street-level imagery; review all relevant documentation provided.
Critique the Claimant’s Expert Report, which alleged the infestation was well-established (significantly older than 5 years) and intentionally hidden.
What we did
Beyond the physical excavation of trial pits, the team performed a multi-layered forensic analysis:
Rhizome analysis – recovered rhizomes (roots) were small with limited energy reserves, indicating they were less than 5 years old.
Historical review – analysed historical aerial and street-level imagery to determine if growth was visible in previous years.
Comparative survey – identified that while Japanese Knotweed was on-site, a different species (Bohemian Knotweed) was present in the surrounding area, helping map the local ‘invasion landscape’.
Expert rebuttal – directly addressed the unsupported presumption of age provided by the Claimant’s Expert, proposing an alternative timeline for how the plant arrived.
Key Outcomes
Dr Jones’ evidence-based account posited that small fragments of Knotweed were likely introduced to the property during landscaping works shortly before the house was sold. Because these plants were small, they were likely ‘incidentally treated’ (mown and/or sprayed with herbicide) by the gardener without being recognised.
Key outcomes:
Rebutted fraud – the report proved the Knotweed remained undetected rather than intentionally concealed.
CPR Part 35 Compliant Report – this independent report became the central pillar for legal negotiations.
Out-of-court settlement – by clarifying the timeline, the dispute was resolved without the need for a costly trial.
By proving the Knotweed arrived via landscaping rather than being a long-term infestation, Dr Jones saved the Defendant from a costly and legally embarrassing fraud ruling.
Project value
£0
Sectors
Summary
In this high-stakes litigation Dr Jones provided pivotal forensic evidence to rebut a claim of fraudulent misrepresentation involving a £1.2 million estate and a contested TA6 Property Information Form. By conducting a multi-layered analysis – including the excavation of trial pits to prove that rhizome energy reserves indicated an infestation less than five years old – Dr Jones demonstrated that the Knotweed was likely introduced via contaminated landscaping materials shortly before the sale, rather than being a long-term, intentionally concealed feature. His expert rebuttal led to an out-of-court settlement that spared the Defendant from a damaging fraud ruling and a costly trial.