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TORT
Davies (Respondent) v Bridgend County Borough Council (Appellant)
Case summary
Case ID
UKSC/2023/0028
Parties
Appellant(s)
Bridgend County Borough Council
Respondent(s)
Marc Christopher Davies
Issue
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?
Facts
Japanese knotweed grew on the Appellant's land. It encroached onto adjacent property at 10 Dinam Street in Nant-y-moel, Bridgend. In 2004, the Respondent bought the property. In 2012, a Royal Institute of Chartered Surveyors report on knotweed was published, describing difficulties it can cause. The Appellant had actual notice of the presence of knotweed on its land, in relative proximity to the adjacent property, in 2014. It did not take steps to treat it until 2018. The Respondent first became aware that knotweed could pose a problem for any sale of their property in 2017. He sued the Appellant for damages in nuisance. The District Judge found that: (i) it was very probable encroachment had occurred in 2004, if not before; (ii) the Appellant had constructive knowledge of Japanese knotweed based on information available at the time in 2012/13; and (iii) the Appellant was in breach of its duty to the Respondent, thereby committing a private nuisance, from 2013 until 2018. The Respondent's claim failed before the District Judge and Circuit Judge but succeeded on appeal to the Court of Appeal. The Appellant now appeals to the Supreme Court.
Date of issue
22 February 2023
Judgment appealed
Judgment details
Judgment date
8 May 2024
Neutral citation
[2024] UKSC 15
Judgment links
Judgment summary
8 May 2024
Appeal
Justices
Hearing dates
Start date
27 February 2024
End date
27 February 2024
Watch hearings
27 February 2024 - Morning session
27 February 2024 - Afternoon session
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Change log
Last updated 16 April 2024