The presence of Japanese Knotweed in a garden can have a devasting effect on the price and saleability of a house. The plant is very difficult to eradicate and any treatment is costly. As the plant spreads around the country, the number of claims concerning its impact is growing as well.
The Court of Appeal has recently given its judgment in the case of Davies -v- Bridgend County Borough Council. Japanese Knotweed spread from the council’s land, a neighbouring railway embankment, into the Claimant’s garden in 2004, before the Claimant had bought the property. He only became aware of the problem in 2017.
The claim for general damages for distress and inconvenience was dismissed at the first instance hearing and the first appeal. Both judges held that following the case of Williams & Waistell -v- Network Rail Infrastructure Limited, the residual diminution in value of the Claimant’s house was irrecoverable because it was a pure economic loss. The tort of nuisance’s role was not to protect the value of the property as an economic interest.
Mr Davies was granted permission for a second appeal. The Court of Appeal overturned the previous decisions and found that the property had suffered from a residual diminution in value through the stigma of having had Japanese Knotweed, even after treatment. This stigma amounted to an interference with the amenity value of the land and so could be differentiated from pure economic loss. This meant that the damages could be awarded to the Claimant.
A number of other Japanese knotweed claims were apparently on hold pending the Court of Appeal decision so some larger damages awards may be forthcoming in future.
Ross Paterson, Solicitor, 4th April 2023