| 000 | 01899naa a22002537a 4500 | ||
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| 008 | 240509e20240509xxk|||||o||||o00| 0 eng d | ||
| 041 | _aeng | ||
| 245 |
_aDavies v Bridgend County Borough Council _b[2024] UKSC 15 |
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| 260 |
_bThe Supreme Court, _c8 May 2024 |
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| 520 | _aSupreme Court judgment 8 May 2024. Were the lower courts correct to decide that loss suffered by the Respondent, in the form of diminution in value of the Respondent's property as a result of the encroachment of Japanese knotweed from the Appellant's land, was caused by the Appellant's breach of duty in failing to treat the knotweed, in circumstances where the encroachment first arose before the Appellant's breach? Decision, appeal allowed: the fact that the encroachment had existed when he bought the property, at a time before an actionable tort in private nuisance arose, meant that the neighbour's failure to treat the knotweed had not in fact materially contributed to the diminution in value. The application of the "but for" test eliminated the neighbour's subsequent breach of duty as a causative factor: the fact that the diminution in value would have occurred in any event meant that there was no causal link between the breach of duty and the diminution in value claimed. | ||
| 520 | _aJudges: Lord Reed, Lord Lloyd-Jones, Lord Burrows, Lord Stephens, Lady Simler | ||
| 520 | _aJudgment appealed [2023] EWCA Civ 80 | ||
| 650 | _aDAVIES v BRIDGEND CBC | ||
| 650 | _aJAPANESE KNOTWEED | ||
| 650 | _aINVASIVE SPECIES | ||
| 650 | _aNUISANCE | ||
| 650 | _aMARKET VALUE | ||
| 650 | _aNEIGHBOUR DISPUTES | ||
| 650 | _aNETWORK RAIL INFRASTRUCTURE LTD V WILLIAMS & ANOTHER | ||
| 650 | _aRESIDENTIAL PROPERTY | ||
| 651 | _aUnited Kingdom | ||
| 690 |
_96266 _aResidential property |
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| 856 |
_uhttps://www.supremecourt.uk/cases/uksc-2023-0028.html _zJudgement available on the Supreme Court website |
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| 999 |
_c121927 _d121927 |
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