Wednesday 8 – Friday 10 November 2023
By Appellants Notice sealed on 9 November 2022, the Defendant (D) appeals the order of DDJ Kempton-Rees dated 12 May 2022 sitting in Cardiff County Court.
The DDJ dismissed two applications:
(1) made by D dated 15 February 2022 seeking a stay of proceedings pending C’s engagement in alternative dispute resolution (ADR) via the D’s internal complaints process
(2) made by C dated 24 February 2022 seeking to strike out parts of D’s Defence.
HHJ Harrison granted permission to appeal and ordered the transfer up of the appeal pursuant to CPR 52.23.
Case is one of a significant number of Japanese knotweed nuisance cases brought against local authorities alleging that Japanese knotweed has spread from Council land onto private landowners’ property. Said to be a new and expanding type of claim.
D argued C had refused to engage in a form of ADR ( D’s internal complaints process), and that the claim should be stayed and the Court should order C to engage. D relied on the Practice Direction on Pre-Action Conduct and Protocol and the obligation to consider ADR before commencing proceedings.