In DAVIES v BRIDGEND CBC (2023) EWCA Civ 80 the Court of Appeal considers whether there is an actionable nuisance and entitlement to damages for diminution in value of neighbouring land when the is knotweed on the defendant’s land. Potentially YES, if the knotweed encroaches from the Council’s land onto the claimant’s land and interferes with the claimant’s quiet enjoyment or amenity. NO, if the knotweed is only on the Council’s land, even if it is close to the boundary and there is a risk of it invading the claimant’s land. Any diminution in value of the claimant’s land is pure economic loss and not recoverable.

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