Davies v Bridgend CBC [2023] EWCA Civ 80
Davies v Bridgend CBC [2023] EWCA Civ 80
- Court of Appeal, 3 February 2023
[2023] EWCA Civ 80, 3 February 2023. No actionable nuisance was caused by knotweed on a defendant's land simply because it diminished the value of neighbouring land, even if the knotweed was close to the boundary and at risk of invading the neighbour's land: such a claim would be for pure economic loss. However, if the value of the neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity, due to physical encroachment of knotweed from the defendant's land onto the claimant's land, damages for diminution in value of the property would be available. Judge relied on other key case Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 Appealed in [2024] UKSC 15
JAPANESE KNOTWEED
NEIGHBOUR DISPUTES
DAVIES v BRIDGEND CBC
INVASIVE SPECIES
PRIVATE NUISANCE
LOSS OF AMENITY
LOSS OF ENJOYMENT
NETWORK RAIL INFRASTRUCTURE LTD V WILLIAMS & ANOTHER
JAPANESE KNOTWEED AND RESIDENTIAL PROPERTY
MARKET VALUE
United Kingdom
[2023] EWCA Civ 80, 3 February 2023. No actionable nuisance was caused by knotweed on a defendant's land simply because it diminished the value of neighbouring land, even if the knotweed was close to the boundary and at risk of invading the neighbour's land: such a claim would be for pure economic loss. However, if the value of the neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity, due to physical encroachment of knotweed from the defendant's land onto the claimant's land, damages for diminution in value of the property would be available. Judge relied on other key case Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514 Appealed in [2024] UKSC 15
JAPANESE KNOTWEED
NEIGHBOUR DISPUTES
DAVIES v BRIDGEND CBC
INVASIVE SPECIES
PRIVATE NUISANCE
LOSS OF AMENITY
LOSS OF ENJOYMENT
NETWORK RAIL INFRASTRUCTURE LTD V WILLIAMS & ANOTHER
JAPANESE KNOTWEED AND RESIDENTIAL PROPERTY
MARKET VALUE
United Kingdom