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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll