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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll