The Court of Appeal has handed down judgment in the case of Davies v Bridgend County Borough Council [2023] EWCA Civ 80. They have overturned the first instance decision of DJ Fouracre, and the first appeal decision of HHJ Beard, to the effect that diminution in value in Japanese knotweed cases is irrecoverable economic loss in cases in which there has been more than trivial encroachment of Japanese knotweed. The Court of Appeal has also held, effectively, that in the case of a continuing nuisance (such as Japanese knotweed), it does not matter in relation to residual diminution in value after treatment that rhizomes had spread to a claimant’s land before the defendant was in breach of duty: the defendant is still responsible for the residual diminution at the end of the period of breach.
Matthew White represented the defendant in the Court of Appeal.
View a full case summary here.
Matthew advises and deals with claims relating to the spread of Japanese knotweed for defendants, particularly local authorities, housing associations, and bodies with large land holdings. Other members of St John’s Chambers deal with claims relating to the spread of Japanese knotweed for claimants and defendants. Our Real Estate team is pre-eminent in the area of real estate litigation on the Western Circuit and in Wales, and deals with all areas of real estate law. Read more here.