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041 _aeng
245 _aDavies v Bridgend County Borough Council
_b[2024] UKSC 15
260 _bThe Supreme Court,
_c8 May 2024
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
856 _uhttps://www.supremecourt.uk/cases/uksc-2023-0028.html
_zJudgement available on the Supreme Court website
999 _c121927
_d121927