Diminution in value from Japanese knotweed recoverable in nuisance (Davies v Bridgend)

Article summary

Environment analysis: Where a property is affected by Japanese knotweed, there is a residual diminution in value due to stigma even after it has been treated. The defendant argued that the claimant could not claim damages for this because the purpose of nuisance was not to protect economic interests following the judgment in the leading knotweed case of Network Rail Infrastructure Ltd v Williams. In Davies, the Court of Appeal held that Williams had been misinterpreted by the trial judge and on the first appeal and that where there is a nuisance which causes a diminution in value, that is recoverable and is not pure economic loss. Also, the Court of Appeal confirmed that where knotweed encroached before a defendant was under a duty to treat, a continuing nuisance in failing to treat meant that damages for diminution did not fail under the ‘but for’ test. Written by Tom Carter, barrister at Ropewalk Chambers.