Tuesday 17 January 2023
By Appellants Notice filed on 12 August 2022, the Claimant (C) appeals the order of HHJ Beard dated 14 July 2022 sitting in Swansea Court Court, (1) dismissing C’s appeal [against the order of DJ Fouracre dated 8 November 2021) and (2) making a consequential costs order.
DJ Fouracre’s order dismissed C’s claim. HHJ Beard upheld the DJ’s decision; and found the claim for damages for diminution in value was pure economic loss and not recoverable.
Claim for nuisance relating to the encroachment of Japanese knotweed upon C’s land from D’s adjacent land.
Whether C can recover damages for diminution in value of a property where they have established an actionable nuisance due to the presence of Japanese knotweed.