Network Rail Infrastructure Limited v Williams & Waistell (2018)
Network Rail Infrastructure Limited v Williams & Waistell (2018)
Physical damage not necessary for an actionable private nuisance.
The Issues
The County Court Judge’s decision was that NRI was liable simply because the presence of knotweed on their land was within seven metres of the Claimants’ properties which diminished the market value of the properties.
NRI appealed the decision on the following grounds:
- Challenging the Court's conclusion that the mere presence of knotweed on land adjoining the Claimants' properties was an actionable nuisance simply because it diminished the market value of the respective properties; and
- Challenging the Court's finding that there was a causal link between any breach of duty on NRI's part and the residual diminution in value of the properties.
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