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Japanese Knotweed- A residual diminution in value?
The Court of Appeal (“CA”) recently handed down its judgment in the case of Davies v Bridgend County Borough Council [2023] EWCA Civ 80, where it was held that diminution in value was a recoverable loss in Japanese knotweed cases where a defendant had failed to notify the claimant about the presence of knotweed on… Read More >
Japanese Knotweed – It’s Knot that Bad
The flip side of being fortunate enough to own a property, is that, as soon as you do, you become very aware and anxious of the risks and costs associated with protecting it. One such risk, that has traditionally struck fear in the heart of even the most relaxed and carefree of homeowners, is Japanese… Read More >
Japanese Knotweed – Keeping claims under control
Japanese Knotweed (“Knotweed”) has achieved notoriety over the years as a result of the perceived damage it can cause to vegetation and property. Despite recent research suggesting that it may not, in fact, be as big a problem as previously thought, it continues to be a source of prolific professional negligence claims against surveyors. In… Read More >
Japanese Knotweed – Not such a knotty problem?
In recent years, Japanese Knotweed has become the ‘villain’ of the horticultural world, feared by property owners and mortgage lenders. However, a UK government report published in May 2019 suggests that Japanese Knotweed may not be as big a problem as previously thought. In this article we consider the problematic nature of the plant, the… Read More >
Japanese Knotweed – A recent development
A decision by the UK Court of Appeal on 3 July last dismissed Network Rail’s appeal of the decision of Mr Recorder Grubb in Cardiff County Court on 2 February in relation to a number of private nuisance claims. As previously discussed in an earlier article, Japanese Knotweed – What a nuisance, neighbours Stephen Williams… Read More >
Japanese Knotweed – What a nuisance
There has been considerable media coverage in recent times in relation to the prevalence of Japanese Knotweed and other Invasive Alien Plant Species (IAPS) in building sites and in close proximity to dwellings and the risks associated with this. Sarah Conroy discusses this from a legal perspective and the considerable impact this could have on… Read More >
Lendlease Construction Limited V AECOM Limited [2023] EWHC 2620
Introduction On 29 November 2023, the long-awaited decision of the Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council was published. The Court of Appeal has ruled that the Courts have the ability to stay proceedings for, or order, the parties to engage in alternative dispute resolution (“ADR”) process. This is a departure… Read More >
‘Nuisance’ v ‘Continuing nuisance’ – Limitation in environmental claims
In the recent case of Jalla & Ors v Shell¹, the Court of Appeal has provided useful guidance on the concept of continuing nuisance in the context of environmental claims. The judgment focuses on the distinction between a single act of nuisance and ‘continuing nuisance’ and its relevance to the limitation period within which claims… Read More >