Davies v Bridgend CBC [2023] EWCA Civ 80
Language: English Publication details: Court of Appeal, 3 February 2023Subject(s): Online resources: Summary: [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. Summary: Judge relied on other key case Network Rail Infrastructure Ltd v Williams [2018] EWCA Civ 1514Summary: Appealed in [2024] UKSC 15| Item type | Current library | Call number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | Available |
[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