Divorce – what are some of the questions we are frequently asked?

This article will be part of a series of Family Law blogs focusing on questions our Family law team are frequently asked. Today, we will focus on divorce procedure itself, and some of the common issues facing those seeking to apply for divorce.

Keep reading to learn more about divorce procedure.

Can I divorce in England if I married abroad (outside the UK)?

In general, in England and Wales, the Court requires the marriage to have been validly conducted in accordance with the laws of the country in which the marriage took place. If it is, it will then be largely considered a valid marriage under English law. Therefore, you can still apply for a divorce in England provided that certain criteria regarding domicile are satisfied. English courts have jurisdiction to hear a divorce application if both you and your spouse are or one of you is domiciled or habitually resident in England and Wales.

How long does it take to get a divorce in England and Wales?

What stages and timeframes are involved in the divorce process?

The process is simple as long as your spouse does not dispute the proceedings. 1) To start a divorce, we (on your behalf) will need to file an application with the Court. After the Court has issued your divorce application, the Court will send the application to the respondent, where the respondent has to say whether or not they intend to dispute the divorce. 3) Applying for the Conditional Order, the application for such an order cannot be submitted to the Court unless 20 weeks have elapsed from the start of proceedings. 4) Applying for the Final Order, you will have to wait a further six weeks after the date of the conditional order to apply for the final divorce order.

The overall timeframe for divorce proceedings is around 10 to 12 months. This can vary depending on the current timescales and workload of the Court. Please note that financial and children arrangements may delay the process further.

Can I get divorced if my spouse is missing?

In short, yes, but several essential steps need to be taken to show the Court that you have tried your best to find your spouse. Firstly, when filing a divorce application with the Court, the applicant must include the address and personal details of the divorcing spouse. If you do not know where your spouse currently lives but your spouse is still in the UK, an investigator can be engaged to carry out a search before the divorce application submission.

Further, the Court is unlikely to grant a divorce unless you have proved to them that your spouse has been served with the divorce application. Therefore, after the divorce case has been issued by the Court, additional services from a process server might be necessary as the divorce documents will need to be hand-delivered to your spouse’s address. This also means that additional time and fees will be incurred.

Can I file a divorce application if my Marriage Certificate is missing?

If both of you got married in England, you will be able to order the Marriage Certificate online and get it delivered to you or us. However, if you got married in another country, you will need to contact the local Marriage Registry so that they can reissue the Marriage Certificate. It is difficult to apply for a divorce if you do not have an original copy of the Marriage Certificate. If the Marriage Registry cannot reissue the Marriage Certificate, we can file an additional application to the Court, but the Court has discretion as to whether to proceed with the divorce application without the original Marriage Certificate. This also means that additional time and fees will be incurred.

How much do you charge for a non-contentious divorce?

Normally, our legal fee for a simple divorce is £750 plus VAT, provided that both you and your spouse consent to the divorce application including all the grounds stated within, that there is no dispute on property and children arrangement and that there will be no undue delay by your spouse on this matter. You would also have to pay the court fee which is £593. The marriage certificate translation fee is £100 plus VAT (if the marriage certificate is in Chinese). Financial or children arrangements legal processes are completely separate from the divorce itself. We charge separately for financial division and child arrangement matters.

That’s it for today’s article on divorce procedure. Join us next week for part 2 of our Family Law frequently asked question series, when we will be covering matrimonial financial settlement.

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James Cook

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Expansion Worker Visa granted to Australian wine company within 24 hours

By Lily Dai

We recently dealt with a private limited company which was incorporated in Australia and specialises in brewing and producing bacteria–free red wine. In 2018, our client manufactured its first batch of wine. The wine achieved many sales and had a lot of success when it first launched locally in Australia. As a result of its rapid expansion, it was eager to open up the Europe market by establishing its first presence in the UK.

To implement the expansion plan, our client instructed us to apply for an expansion worker sponsorship licence for the business and also an expansion worker visa for its authorising officer. Following on the success of obtaining an expansion sponsor licence under the Global Business Mobility – UK Expansion Worker route, we submitted the application of an expansion worker visa for its identified authorising officer who is based in China.

Expansion worker visa received quickly

The application was submitted using standard service, which according to the UK Government website will normally take around 8 weeks to get a decision. Remarkably, the authorising officer received the result of being granted expansion worker visa within 24 hours after the submission.

We are proud that our client received a successful outcome in such a quick manner. The most important reason for this is that we made sure that all the criteria were met, and that the application was completed before being submit, so that the odds of a quick and positive result are significantly improved. We are also dedicated to offer assistance to more clients who want to expand their existing overseas business in the UK via this route. We wish our client the best of luck with their wine business in the UK.

The Expansion Worker Visa presents an excellent opportunity for businesses looking to grow their business in the UK. Read more about the expansion worker visa by reading our full breakdown here.

Have questions about this article? Get in touch today!

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James Cook

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Illegal entrants to be prevented from claiming asylum under Illegal Migration Bill announced by Home Office

On 7^th March, the Home Secretary announced her plan to stop illegal migration to the UK by preventing those who enter the United Kingdom from claiming asylum. The Illegal Migration Bill proposes that all that enter the UK ‘illegally’ (often by crossing the Channel in a small boat) will be detained and then removed to their home country or another safe third country, namely Rwanda.

The Home Secretary has stated that the rationale behind the bill is as follows:

“The British people rightly expect us to solve this crisis and that’s what myself and the Prime Minister fully intend to do. We must stop the boats. It is completely unfair that people who travel through a string of safe countries then come to the UK illegally and abuse our asylum laws to avoid removal.”

“It has to stop. By bringing in new laws, I am making it absolutely clear that the only route to the UK is a safe and legal route. If you come here illegally, you won’t be able to claim asylum or build a life here. You will not be allowed to stay. You will be returned home if safe, or to a safe third country like Rwanda. It’s the only way to prevent people risking their lives and paying criminals thousands of pounds to get here.”

The arrival of this legislation follows the five key priorities outlined by the Prime Minister earlier this year. Pledge number five was to stop the small boats from crossing the channel and enter the UK. Notably, the PM’s lectern was emblazoned with the simple slogan of “Stop the Boats” at his press conference following the announcement of the new policy.

But what will the details of the plan involve?

Illegal migrants will be detained for 28 days during which they will not be able to lodge bail applications, or application for Judicial Review. Those who have exceptional circumstances and face risk will have a maximum of 45 days to remain in the UK until their appeal rights are exhausted.

Some of the other measures proposed in the Bill are:

Duty to make arrangements for removal – the Home Secretary will have a legal duty to remove people who have entered the UK illegally.
Entry, citizenship and settlement – people who come to the UK illegally will be prevented from settling in the country and will face a permanent ban from returning.
Asylum – people who come here illegally will have their asylum claims deemed inadmissible and considered in a safe third country.
Modern slavery – modern slavery referrals for those who come to the UK illegally will be disqualified under public order grounds under the terms of the international anti-trafficking treaty, ECAT.
Legal proceedings – limiting the circumstances in which legal challenges will prevent someone from being removed from the UK. Most legal challenges will be considered when someone has been successfully removed from the UK.
Expanding the list of countries that are considered safe in law – this will make it unquestionably clear when someone doesn’t need our protection because they are obviously not at risk of persecution in their home country.

Our thoughts

The Home Office believe that the above measures will prevent people from risking their lives in their dangerous routes to the UK, as well as stop criminal gangs from profiting from the asylum system. Of course, it is worth remembering that the decision by the government to introduce these measures are politically motivated. Conservative voters on the whole are much more likely to be in favour of reducing immigration, a hugely important factor in deciding policy for a party ahead of the upcoming May local elections and likely general election next year.

These proposals thus far appear to be impractical. A claim for asylum and those who are a victim of trafficking often involve complex issues that cannot be practically investigated within 28 days. We do not see how the Home Office will be able to practically conduct this plan. To date, not a single migrant is yet to be sent to Rwanda under their previous proposal which shows that such plans can be very difficult, if at all possible to be implemented.

There is also the question of whether the bill is compatible with the European Court of Human Rights. Indeed, the government looks set for a collision course with the legal body over the proposals, with the Home Secretary herself writing to Conservative MPs to say that there is “more than a 50% chance” that the legislation is not compatible with the ECHR. Time will tell whether this is the case.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Mortgage Application Guide – Avoiding Money Laundering Allegations

Getting the approval for a mortgage on a property is a very tough thing to do for most people, especially in the current climate we find ourselves in. Often, a long time has been spent filling out forms and going over options with lenders and other professionals. Not to mention saving up the money needed for a deposit.

What is money laundering?

To give a brief summary, money laundering is the illegal process of concealing the origins of money obtained via illegal means. This is often done by passing the funds through a complex sequence of banking transfers or commercial transactions. The overall objective of this is to “clean” the money, as the illegal cash will be mixed in with regular money. In this way, the launderer can recoup their funds with legitimate money, while disassociating themselves with the “dirty” money.

How does this tie in to mortgages?

There are quite a few ways a mortgage can be used as means of laundering money. One way is by using laundered money as a deposit. Another is to simply overpay a loan. Another option for money launderers is to target a lender to secure a buy-to-let mortgage, and then launder money through rental income.

As an honest person looking into mortgage options, however, how should you avoid being suspected of mortgage fraud, and potentially damaging your application? Read on to find out.

Gifted deposits

A gifted deposit is exactly what it sounds like, a gift from a friend or family in the form of cash towards your deposit. This is clearly a wonderful and kind gesture, but there are a few things that you must take into account.

Firstly, it is understandable that a large sum of money being transferred into your account out of the blue will look suspicious. Money lenders and solicitors will always question where these types of transfers have come from. If you fail to provide a good answer, a money laundering investigation may be launched which will affect your mortgage application.

What you have to do is provide evidence that this money has come from a legitimate source, and was given to you freely. Evidence usually comes in the form of a signed letter from the person gifting you the money, stating that it is not a loan which will need to be repaid, but rather a one off gift. It should also state that this money does not entitle the person providing it any share of the property which it is going towards paying for. Your mortgage adviser can provide you with a document template if you are unsure, as can we here at Lisa’s Law.

Credit card deposits

A huge amount of fraud takes place using credit cards, in fact it accounts for 39% of cases in the UK. Common types of credit fraud involve lost or stolen credit cards being used without the owner’s permission or knowledge, stealing credit card details and committing fraudulent applications using someone else’s identity.

This is in part why most mortgage lenders will refuse an application. They see payments via credit cards as risky, as they are essentially loans rather than outright payments. It is best to avoid using them.

Cut ties with your ex-partner

Being linked with an ex-partner means that their spending and credit record will affect how you look. This can be a big problem if they are not careful with their money, and can have a detrimental effect on your mortgage application. This is because mortgage lenders have to trust that you will be able to make your mortgage payments on time, and unpredictable spending can make you look unreliable.

If you believe you may still be linked financially to an ex-partner, contact credit reference agencies and explain the situation to them. They should be able to unlink the two of you.

Personal savings and inheritance

This is the most common way people put down a deposit and will usually be accepted by most mortgage lenders without many questions. It still needs to be verified that the money has come from a legitimate source, so make sure that you can prove your claim to the inheritance with documentation showing exactly where the money has come from, and have records of what account it has been in since it came your way.

When it comes to personal savings it is good practice to have payslips ready to be inspected, so that your income can me verified.

Also, for salaried staff, lenders sometimes carry out a background check against the employer to satisfy themselves that the employer does have the capability to pay the staff.

Register to the electoral roll

This essentially means you are registered to vote. Mortgage lenders must be able to verify your identity for purposes of anti-money laundering. If you are registered on the electoral roll, they will be able to see that you are really who you claim to be as it enables lenders to check your information, confirm your name, address and residential history.

Not being on the electoral roll is a sure fire way to have your mortgage application denied.

What if you are self-employed?

Self-employed people may have a few extra hoops to jump through when securing a mortgage because their income may vary from month to month. This makes them less reliable in the eyes of mortgage lenders. What if one month they cannot make a payment due to their business falling short? You can understand their concern.

Lenders will see you as self-employed if you own more than 20% to 25% of a business, which provides your main source of income. You could be a sole trader, company director, or contractor.

Proving your income as a self-employed person:

To prove your income when you apply for a self-employed mortgage, you will need to provide:

Two or more years’ certified accounts

SA302 forms or a tax year overview (from HMRC) for the past two or three years

Evidence of upcoming contracts (if you are a contractor)

Evidence of dividend payments or retained profits (if you are a company director)

For self-employed running business as a limited company, the lender will request for full annual accounts or CT600 or both. The lender will also look at the actual salary or dividend the applicant has drawn from the company together with the profit retained within the company.

Have questions? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to [email protected] for any questions you may have on this topic.

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James Cook

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What new routes and changes to existing routes have been announced by the Home Office in 2023’s first Statement of Changes?

The government has announced the latest statement of changes in the immigration rules, titled HC1160. These provisions have been made under Section 1 (4) and Section 3 (2) of the Immigration Act 1971. These are the first statement of changes to the immigration rules since 18^th October last year, and as a result are relatively substantial. Introduced are a number of new visa routes, as well as changes to existing routes. In this article we will cover some of the major changes outlined by the Home Office which will take effect from 12^th April 2023.

Keep reading to learn more about these important changes announced by the Home Office, and how they could impact you.

Introduction of the Innovator Founder route

One of the most eye-catching announcements is the introduction of the brand new Innovator Founder route, which will kick start from 13^th April 2023. While there are currently provisions in place for those wishing to come to the UK in order to set up an innovative business, namely the Innovator visa, the Innovator Founder route replaces the Innovator route entirely. The Innovator Founder route introduces:

The removal of the £50k minimum funds requirement
Removing restrictions of Innovator migrants from engaging in employment outside of the running of their business as long as it is in a skilled role (RQF Level 3 or above)
Closure of the Start-up route to new initial applications other than those issued prior to 13^th April 2023

The removal of the £50k requirement in particular gives more flexibility to innovators while retaining the requirement for an innovative business idea with sufficient funds to deliver on it. Furthermore, this removal also means that the there is no longer any need for the Start-up route as neither route will require access to £50k of funds.

Updates to employment requirements in work routes

A number of visa routes including the skilled worker/global business mobility/scale-up and seasonal worker routes are also being updated.

Perhaps unsurprisingly given the current levels of inflation, salary thresholds and going rates for individual occupations are being updated. This also means the minimum salary requirement of at least £25,600 for Skilled Worker, will be increased to £26,200 from 12th April 2023.
For work routes which require applicants to have a specific job offer, applications will be refused if the decision maker has “reasonable grounds to believe that the job does not comply with the National Minimum Wage Regulations or the Working Time regulations”.
Jury service and attending court as a witness will now be valid reasons for absence from employment in relation to consideration about continuity of employment

A minor change has been introduced to the skilled worker route which confirms the route applies to those “working in UK waters”, as per section 43 of the Nationality and Borders Act 2022.

Meanwhile, a change is being made to the Global Business Mobility route in line with commitments the UK has made in the UK-Australia Free Trade Agreement. This changes means that Australian nationals and permanent residents will not need to provide that they have worked for their overseas employer for 12 months prior to coming to the UK to open a branch or subsidiary of their Australian employer.

Changes to the EU Settlement Scheme (EUSS) and EUSS family permit

A number of changes have been made to the EUSS and EUSS Family Permit.

These are as follows:

Durable partners – A durable partner must have had another lawful basis of stay in the UK before the end of the transition period in order to rely on that residence if they were not documented as such
Key rulings such as Zambrano, Chen and Ibrahim & Teixeira are all being brought within Appendix EU of the immigration rules under the concession that relevant cases “are not excluded from eligibility by having leave to enter arising from arrival in the UK with an EUSS family permit
Cancellation – A person’s EUSS leave is to be cancelled where the relevant threshold is met relating to a person who is subject to a travel ban imposed by the UK or the UN Security Council. This is subject to right of appeal.
EUSS family permits issued from 12^th April are to be valid in all cases for six months from the date of decision. These could previously be as short as four months.
Relevant EEA or Swiss citizens will be prevented from being granted pre-settled or settled status as a result of sponsoring a EUSS family permit.

Changes to the Youth Mobility Scheme (YMS)

People from a number of places including Australia, Hong Kong and Canada are eligible for the Youth Mobility Scheme. Changes are being made to this in line with the UK’s arrangement with New Zealand. The age range for those from New Zealand will now be expanded from 18-30 to 18-35, while New Zealanders will also now be able to stay for 3 years instead of 2.

Meanwhile, the quote for the number of places available to each participating country has also been updated.

Introduction of new Appendix Adult Dependent Relative

Going forward, the rules in Appendix Adult Dependent Relative will now be aligned with suitability at settlement on all Article 8 human rights routes. The applicant may therefore be refused if they have committed certain serious crimes and are applying for entry clearance or permission to stay.

Furthermore, if an applicant fails certain suitability rounds but their removal would breach Article 8 of the European convention on Human Rights, they must complete a longer qualifying period before being able to settle in country.

Introduction of new Appendix Family Reunion (Protection) and new Appendix Child joining a Non-Parent Relative (Protection)

Changes to Appendix Family Reunion and new Appendix Child joining a Non-Parent Relative (Protection) replace existing provisions for leave to enter and remain as both a partner and child of a person with protection status in the UK. These changes are part of an attempt to simplify the immigration rules following a report by the Law Commission.

As part of these changes, a four stage decision-making process has been introduced for both. These are:

Validity
Suitability
Eligibility
Decision

These are part of a reformatting of the immigration rules, no specific policy changes have been made. Furthermore, the definitions of ‘protection status’ and ‘refugee leave’ have been added to the rules. These terms must be referred to when applying Immigration Rules to applications.

Changes to the Long Residence rules

Finally for today’s article, changes have also been made to Long Residence rules. These changes will be much-welcomed by those affected, with the previous rules bringing confusion around what constitutes lawful residence in the long residence rules.

These changes mean that any period on immigration bail will not count towards the qualifying period for long residence in any circumstances.
Time as a visitor, short term student and seasonal worker will also not count towards long residence.
Someone who has spent time on immigration bail or in the UK on temporary permission who is later granted permission on another basis will still be able to qualify for long residence settlement. However, due to these changes they will now have to wait longer to do so.

These are all of the changes announced in the first Statement of Changes in 2023 which we will be discussing today. There are further updates to Electronic Travel Authorisations (ETA), as well as Global Talent, Seasonal Worker and Temporary Work routes. We will soon post another follow-up article to explain the new changes further.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

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James Cook

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Landmark case: ‘Superior landlords’ not liable for Rent Repayment Order (RRO)

By Evveline Loh

A landmark case has just been handed down on 1st March 2023 by the Supreme Court in the case of Rakusen (Respondent) v Jepsen and others (Appellants). This has been a long awaited decision as it has now been ruled that for rent-to-rent arrangements, tenants are not allowed to seek redress from superior landlords (i.e. freeholders or leaseholders).

Summary of the case

In 2016, Martin Rakusen (“Mr Rakusen”) granted a tenancy to Kensington Property Investment Group (“KPIG”). The agreement allows KPIG to sublet individual rooms within the flat to different tenants. The rooms were subsequently rented out to three tenants namely Mikkel Jepsen, Ronan Murphy and Stuart McArthur under separate tenancy agreements. Given the number of occupants, such an arrangement required a House in Multiple Occupancy licence. Consequently, it was a breach of the Housing and Planning Act 2016 (the “Act”) without one and the sub-tenants applied for a rent repayment order (RRO) against Mr Rakusen for such failure.

The issue that arises is who the landlord would be under such an arrangement. The Act is not clear regarding whether the superior landlord, Mr Rakusen, or the immediate landlord, KPIG would be liable.

The sub-tenants in this case made an application against the superior landlord for an RRO. It entitles them to seek all rent collected over the duration of the breach up to a maximum of 12 months.

The First Tier Tribunal held that Mr Rakusen was the landlord of the flat. Hence, he was liable for such a breach. Mr Rakusen appealed against the decision and the case was heard in the Upper Tribunal. The Upper Tribunal agreed with the First Tier Tribunal’s decision. Mr Rakusen then appealed to the Court of Appeal which disagreed with the Tribunals. The court held that Mr Rakusen did not receive any rent payment from the sub-tenants. As such, it found that he should not be ordered to repay the sub-tenants.

The sub-tenants then appealed to the Supreme Court which was heard on 26 January 2023 and the judgment was released yesterday.

Judgment

The Supreme Court gave a unanimous judgment and decided that the superior landlord should not be liable, and that the immediate landlord that received the rent should instead be liable. It was held under paragraph 28:

“This straightforward interpretation links the landlord with the tenancy that generates the relevant rent. It renders it artificial and unnatural to construe the opening words of section 40(2) as referring to any landlord other than the landlord under the tenancy which generates the relevant rent, that is the rent to be repaid under section 40(2)(a) and the rent in respect of which the universal credit is paid under section 40(2)(b). It excludes a superior landlord because it is not the “landlord under” the tenancy which generates the rent.”

Our comments

This news is widely welcomed by superior landlords as it gives clarity to those who are on the rent-to-rent scheme. The clarity from this judgment would mean that rent-to-rent companies are responsible to ensure all legal requirements are met given they are the ones receiving rent. This will also prevent rogue immediate landlords from denying responsibilities.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Courts agree with the Home Office on relevance of experience and qualifications when applying for leave to remain on the basis of setting up a business

The appellant is a Turkish national that applied for leave to remain under the European Communities Association Agreement (ECAA) in order to establish himself in business (ECAA Business Visa). His proposal involved the acquisition of an existing grocery shop and its development. He was intending to buy an existing business, organic grocery store in the Highbury area of North London.

This case focuses on the question of whether the appellant had the business experience and qualifications to apply for leave to remain on the basis of setting up his own business. It therefore provides an important lesson for situations of this kind.

Background

His business plan identified the range of foods to be provided, and the sale strategy of the business was described as “straight forward”. The appellant was described as “a young, energetic and enthusiastic businessperson” who “… will be responsible for management, staffing and daily operations.

The Home Office refused the application stating that “No evidence has been provided to demonstrate that [the appellant] possesses any experience or qualifications to ensure the role can be carried out successfully”. Additional concerns were identified relating to the “young age” of the appellant, the absence of the list of potential or existing clients, and whether sufficient funds existed to cover the investment.

The Appellant submitted a pre-action protocol letter stating that there was ‘there is no legal requirement that the applicant should have any experience or qualification to invest in a business.’

The Home Office responded by saying that: “Whilst you claim there is no legal requirement to have experience or qualifications to run a grocery store business and therefore unreasonable to highlight that such experience or qualification is needed.’

The Appellant commenced Judicial Review Proceedings.

Decision – R (on the application of Agca) v Secretary of State for the Home Department [2023] EWCA Civ 56

The Court considered this case and confirmed that the difficulty for this appellant is that he provided no evidence of any relevant business experience nor of any understanding of business and financial management.

The Court held that it is not difficult to understand that such a requirement of experience is required as it relates to the finances, sales and stock of the business and of managing staff. In the absence of this the respondent’s decision was reasoned and rational.

Our comments

The findings show the importance of ensuring that the business plans are carefully produced, ensuring that any potential issues are addressed. In this case, the appellant lack experience and qualifications, and failed to provide evidence as to why the business plan would be effective without these key components.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Local authorities may be forced to pay out millions of pounds after homeowner wins £300k Japanese knotweed case

“Japanese knotweed”. The mere mention of this plant is enough to strike fear in the hearts of homeowners, property developers and landlords up and down the country. However, the High Court made a recent key judgment which marks a new milestone in the “Japanese knotweed debate” and may turn the tide on who bears responsibility for Japanese knotweed in property disputes.

In this case, Japanese knotweed grew on a piece of council land which was neglected all year round which resulted in it invading the property of a nearby homeowner, Marc Davies. This subsequently caused the value of the property to plummet. As a result, Davies took legal action against Bridgend County Borough Council in south Wales. The two sides battled in court for several years, with Davies eventually winning £4,900 in damages.

Although the amount of compensation is not particularly high, the local council is facing a £300,000 legal bill. Another interesting aspect of the case is that the lawyer in charge became popular overnight after winning the lawsuit. He has already acted in roughly 200 cases, and expects to take in a further 100, with claims amounting to as high as 10 million pounds.

Keep reading to learn more about the latest development in the approach towards Japanese knotweed.

Background

The origins of this story first began back in 2004, when Marc Davies bought a property in a village near Bridgend, Wales. Davies found that there was an abandoned railway next to the property, with some plants were growing on the land of the railway. However, he did not realize that these plants were the infamous “Japanese knotweed”.

The first summer after Davies moved into his new property, he noticed the still unidentified plants were growing at an alarming rate. Later, the plants also gradually moved from the railway across the clearing and from the clearing into the garden border of Mr Mark’s property.

It was not until 2017 that he identified the plant as “Japanese knotweed”. Davies said on the situation: “I felt helpless because it was the roots that had encroached under my land, and although Japanese knotweed was touching my boundary I could not physically see its presence on my land.”

In 2019, Davies raised the issue with the local council. It is understood that the local government had only been dealing with the Japanese knotweed problem since 2018.

However, due to the existence of the plant, Davies’ property value was lost, even after the plants were treated. Due to the knotweed, Davies argued he was unable to carry out landscaping works or put up a shed or building in his garden. He sold the property at a greatly reduced price from needing to declare the presence of knotweed to the new buyer. Davies then filed a lawsuit over the value of his property, seeking compensation from the local government for his losses.

Decision

Despite winning his initial case, Davies was denied damages as the two judges ruled that the law does not allow knotweed damages for economic loss. The Welsh Magistrates Court said Japanese knotweed had been on council land for more than 50 years and had spread on Davies’ property even before he bought it.

Davies refused to accept the decision and appealed to the court. According to his lawyer Tom Carter:

“The judge was wrong to find that diminution in value was not recoverable because although it was consequent on a nuisance, it was pure economic loss because there was no physical damage. The presence of knotweed rhizomes in the soil constitutes damage. Damages for diminution in value are consequential loss, being consequential on that damage. They are not pure economic loss.”

On appeal, the High Court judge agreed, stating that the decline in the property’s value was a consequence of the nuisance caused by the knotweed.

Once that natural hazard is present in the claimant’s land – to a non-trivial extent – the claimant’s quiet enjoyment or use of it, or putting it another way the land’s amenity value, has been diminished.

“For the purposes of the elements of the tort of nuisance, that amounts to damage and it is the result of a physical interference. If consequential residual diminution in value can be proved, damages on that basis can be recovered. They are not pure economic loss because of the physical manner in which they have been caused.”

In the end, Davies won the senior judge’s ruling. Davies has the right to claim compensation from the local government for the knotweed. He is understood to have been awarded £4,900 in compensation. In addition, the local government must pay the legal fees of roughly 300,000 pounds.

Our thoughts

This longstanding case has had many twists and turns, and the lower court and the higher court had different views. After several years, the owner eventually won compensation. This case is very representative of many situations and could affect thousands of other homeowners who have been affected by Japanese knotweed. More importantly, this case may open up similar claims against local governments and railway companies.

The Davies case also sets an important precedent, which is that the loss of the value on the house from Japanese knotweed can be recovered. We would suggest that anyone who can prove that knotweed grows on their land or on private property, and that the knotweed came from property owned by the government or a railway, can sue for damages.

What should you do if your neighbour has Japanese knotweed?

Japanese knotweed continues to be a common issue. Recently, an accountant named Jeremy Henderson sold his South London home and was left with a £200,000 court bill after Japanese knotweed was found in his garden. This highlights the danger of the presence of Japanese knotweed.

If your neighbours have Japanese knotweed on their property, they are not legally obliged to remove Japanese knotweed from their own property. However, if Japanese knotweed starts encroaching on your property, it constitutes a private nuisance and your neighbours can therefore be taken to court. Growing or causing Japanese knotweed to grow in the wild is an offense under the Wildlife and Countryside Act 1981. Owners who let Japanese knotweed spread can end up being fined £5,000 or even jailed.

Therefore, it is the property owner’s responsibility to check their homes for Japanese knotweed and, if present, to stop the spread of Japanese knotweed from your land immediately.

If you find Japanese knotweed on your neighbour’s land, we recommend:

1. First step, make sure the plants you identified are actually Japanese knotweed.

Japanese knotweed can be difficult to identify, especially since the rhizome (or root system) can develop underground. We strongly recommend that as soon as you suspect Japanese knotweed in a neighbour’s home, you have it evaluated by an expert immediately.

2. The second step, once you confirm that the plants are Japanese knotweed, notify your neighbours immediately.

Many times, your neighbours may not even know this weed is growing in their garden. If left unmanaged for long periods of time, it can cause significant damage. You can warn your neighbours of the possible hazards the knotweed may pose and their possible legal liability, giving them the opportunity to rectify the problem immediately.

We recommend that you notify them, preferably in writing, so that you can record when you discovered the problem in case you need it in the future. You can take legal action only after they become aware of the problem and fail to treat or remove Japanese knotweed.

3. Finally, take legal action as last resort. If your neighbour doesn’t take action, you can file a lawsuit in court seeking compensation.

If you think that your property is affected by Japanese knotweed in nearby properties, please contact Lisa Law Solicitors further, and we will be happy to assist you.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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High Court Refuses to Strike Out Negligence Claim Against Home Secretary

In a recent judgement, Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB), the High Court refused the Home Secretary’s application to strike out the claimant’s negligence claim against them.

The Claimant arrived in the UK in May 1995 from Rwanda and claimed asylum upon arrival. He was granted refugee status in December 1997. In 1999, the Claimant’s house was burgled and documentation relating to his refugee status was stolen.

The claimant made several attempts over the years to obtain replacement documentation from the Home Secretary to confirm his refugee status, however no documentation was provided.

Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB)

The court considered the application to strike out the claim made by the Home Secretary on the grounds that they disclosed no reasonable cause of action and/or that they amounted to an abuse of the court’s process.

The Court first considered whether it was arguable that the Secretary of State owed the claimant a common law duty of care to provide confirmation of refugee status when requested.

The Court adopted the three-stage approach set out in Caparo Industries plc v Dickman [1990] 1 All ER 568, and confirmed the following:

1. It was, arguably, reasonably foreseeable that the claimant’s immigration status could be at risk in the absence of confirmation, given the burden on him to prove that he had lawful leave to remain.

2. He could be subject to deportation or to detention pending deportation in absence of confirmation.

3. It was arguable that there was a sufficient relationship of proximity between the Secretary of State and the claimant, given that only the Secretary of State was able to confer refugee status and the document remained, apparently, the only written proof of status

Accordingly, the Court decided to not strike out the claim made by the claimant. The Court held that the merits of the Claimant’s claim was arguable.

Our comments

The findings in Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) On 14th April 2022 are much welcomed. The decision may provide a reminder to the Home Secretary of their duty to ensure that maintain accurate records that are accessible. The importance of this cannot be understated, as failure to do so can cause significant barriers here in the UK.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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India Young Professionals Scheme Visa – How to Apply

The India Young Professionals Scheme visa permits young people aged 18 to 30 years old to travel and live in the UK for up 2 years. This presents a fantastic opportunity for young people from India to be able to travel to the UK, and, providing that the applicant is a graduate and has enough savings, offers a risk free opportunity.

Whilst holding the visa, applicants are permitted to work in the UK without the need of sponsorship from a UK employer. This sets it apart from other schemes such as the skilled worker visa which requires sponsorship.

Considering applying for any other type of UK visa? Start your journey today by contacting us here.

Written by Mahfuz Ahmed, Immigration Supervisor

How does the India young professionals scheme ballot work?

In order to apply for a visa for the India Young Professional Scheme, you must enter the ballot.

The ballot will open at 2:30pm India Standard Time on 17th February 2026, and close at 2:30pm India Standard Time on 19th February 2026, giving applicants 48 hours to enter. Once the ballot is live, you can click here to enter.

You can only enter the ballot if you are an Indian citizen and eligible for the visa. See below for more information on eligibility.

There are 3,000 visas available in the 2026 ballot and all successful applicants are selected at random. Most places are made available in the February ballot, with the remaining places made available later in the year.

What information will I need to provide for the ballot?

In order to enter the India Young Professionals Scheme ballot, entrants will need to provide the following information:

Name
Date of birth
Passport details
A scan or photo of your passport
Phone number
Email address

You will need a number of documents during the process including:

A valid passport or other document that shows your identity and nationality
Evidence that you have at least £2,530 in your bank account, for example bank statements
Evidence of your qualifications
Your tuberculosis (TB) test results if you’re living in India or another listed country
A police report or clearance certificate from India – check how to apply for criminal records checks
You will also need a blank page in your passport for your visa.

Eligibility for the India Young Professionals Scheme

To be eligible to enter the ballot, you must:

Be an Indian national or citizen
Aged between 18 and 30 years old
Be at least 18 years old on the date you plan to travel to the UK
Hold qualification at a bachelor’s degree level or above,
Have £2,530 in savings.
Not have any children under the age of 18 who live with you or who you are financially responsible for

Furthermore, you cannot apply if you have already been in the UK using this scheme or the Youth Mobility Scheme visa.

You can have an equivalent overseas qualification to a UK bachelor’s degree at degree level or above. This is level 6,7 or 8 on the UK Regulated Qualifications Framework. It is worth checking with your college or university if you aren’t sure whether you are eligible.

Successful applicants

Should you be successful, you will be informed 2 weeks after the ballot closes. You will then have 90 days to submit an application for the visa. You will need to pay the following Home Office fees:

pay the application fee of £319
pay a healthcare surcharge of £1552

After applying, providing your documents and proving your identity, you should expect to hear back regarding a decision within 3 weeks.

The Home Office may require more information. If this is the case, you will be contacted about your application taking longer. This may be because:

Your supporting documents need to be verified
You need to attend an interview
Of your specific personal circumstances, such as if you have a criminal conviction

If you are successful in the India young professionals scheme ballot but choose not to apply for the visa, you do not need to notify the Home Office. You can ask to cancel your application, however you will only get a refund if UK Visas and Immigration (UKVI) have not started processing your application.

Once you have been granted a visa, this will be for a period of 24 months where you can live, work and/or study in the UK.

What if your application is unsuccessful?

Unfortunately if your application is unsuccessful you cannot appeal this, the results are final. However, you will be able to apply for future ballots. There is likely to be another ballot in February 2026, however this is yet to be confirmed.

Final thoughts

The India young professionals scheme presents an excellent opportunity for young Indian citizens to live and work in the UK. Nevertheless, this is a relatively limited scheme with just 3,000 visas available.

Lisa’s Law specialises in a range of aspects of immigration law, and are able to help with visa applications, from graduates visas to skilled worker visas to high potential individual visas. These applications can sometimes be tricky, and any small mistake can be costly for your chances of living in the UK. But by contacting Lisa’s Law, you can have peace of mind.

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Page last updated on 11/02/2026

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Decision

Our thoughts

What should you do if your neighbour has Japanese knotweed?

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Have questions? Get in touch today!

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