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Appeal ruling hands council a knotty problem

A landmark ruling has exposed councils to a potential wave of damages claims over Japanese knotweed.

The Court of Appeal ruled that Bridgend County Borough Council, in Wales, was liable for damages after the invasive plant crept from its land to that of a neighbouring homeowner, Marc Davies.

He argued that the value of his terraced house had been damaged, despite treatment of the plant, because it prevented landscaping or building in the garden.

Davies was awarded £4,900 in damages, but the dispute will cost the council about £300,000 in legal costs.

The greater cost will be that the ruling could be used as a precedent for other property owners.

The Times (£)

Case summary: Davies v Bridgend County Borough Council

Practice point: Nuisance: economic loss recoverable where damage is established

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