header-logo header-logo

28 April 2023 / Veronica Cowan
Issue: 8022 / Categories: Features , Profession , Property , Conveyancing
printer mail-detail

The knotweed nightmare sprouts another limb

120529
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll