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28 April 2023 / Veronica Cowan
Issue: 8022 / Categories: Features , Profession , Property , Conveyancing
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The knotweed nightmare sprouts another limb

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Veronica Cowan looks at a recent decision on the weed that never dies
  • Covers Davies v Bridgend County Borough Council, a claim for diminution of value caused by Japanese knotweed.
  • Davies is a warning to landowners they could be liable for losses previously considered irrecoverable, where there is a residual diminution in value, treatment has already occurred and there has been encroachment.

An important legal victory in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, [2023] All ER (D) 29 (Feb) has raised the knotweed stakes. Davies sued the local authority, alleging the value of his home had been diminished by Japanese knotweed spreading from a nearby council-owned cycle track to his garden. He claimed not to have known the creeping plant was invading his property in 2017, whereas the council knew about it in 2013, but only took action in 2018.

The council accepted its breach of duty during that time, and at first instance, the district judge—citing the earlier case of Williams

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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