On 8 May 2024, the Supreme Court gave judgment on a case of private nuisance where there had been encroachment of Japanese Knotweed (“JKW”): Davies v Bridgend CBC [2024] UKSC 15. The Supreme Court vindicated the Defendant’s position, rejected twice in the County Court and again in the Court of Appeal, that damages for diminution in value to the Claimant’s land caused by encroachment prior to the Defendant’s breach of duty are not recoverable. In short, we have a return to orthodoxy: if loss precedes breach, then that breach cannot have caused that loss.
To read more on what this judgment means for cases involving Japanese Knotweed, click here to read the full article by Daniel Webb.
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