Japanese knotweed and claims for diminution in value
The role played by diminution in value in claims of nuisance involving Japanese knotweed recently came before the Court of Appeal. In Davies v Bridgend County Borough Council [2023] EWCA Civ 80, the CA found that if the value of neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity […]
Unjust enrichment as an alternative to proprietary estoppel
In a decision recently handed down by the High Court in the case of Mate v Mate [2023] EWHC 238 (Ch) — bringing family farming disputes back into the spotlight following the judgment of the Supreme Court in Guest v Guest [2022] UKSC 27 — the doctrine of proprietary estoppel was again considered in detail, […]
Enforcing judgments against defendants with empty pockets
At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Commercial Rent Arrears and the Commercial Rent (Coronavirus) Bill
It is clear to anyone in business that the road to post coronavirus normality is going to be anything but straightforward. Not only do we need to look to a new future, but we also have to rebuild from the wreckage of what has happened. Part of this is the resolution of commercial rent arrears. […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Covid-19, Legal Certainty and Commercial Leases
Judgment was given in the case of Bank of New York Mellon (International) Limited v Cine UK Ltd AEW UK Rent plc v Sports Direct.com Retail Ltd: AEW UK Rent plc v Mecca Bingo Ltd on 22 April 2021. Background The claimants were landlords, who had brought claims for non-payment of rent during the Covid-19 […]
Expert Witnesses: Oaklion Properties Ltd v Denbighshire County Council [2021]
Oaklion Properties Limited v Denbighshire County Council was heard in the Upper Tribunal (Lands Chamber) in January 2021, and the decision was handed down on 12 March 2021. The case was concerned with the compulsory purchase of a property and what value should be attributed to that property. The points that the tribunal made about […]
Negligent Survey Claims, Loss and Missing Concrete Evidence
It is well established that the measure of loss in a claim against a surveyor for a negligent report is the diminution in value of the property, and not the cost of repairs. However, in the recent Court of Appeal case of Moore and another v National Westminster Bank, the court assessed the claimants’ loss […]
Calculating Loss in Valuers’ Negligence Claims
This blog considers the case of Tuita International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77 which was handed down on 29 November 2017. The Supreme Court has confirmed how damages in negligence claims against valuers ought to be assessed. This widely reported case will be of interest to banks and other […]