The Supreme Court has handed down judgment in the case of Davies v Bridgend County Borough Council [2023] UKSC 16. They have overturned the decision of the Court of Appeal, and have found that where Japanese knotweed spread to the claimant’s land before breach of duty, the defendant is not responsible for the cost of treating knotweed on the claimant’s land or the residual diminution in value after treatment.

Matthew White, Head of Chambers, represented the defendant in the Supreme Court and has recorded this short podcast which explains the outcome of the case.

St John’s Chambers Real Estate team have created a compelling channel for property lawyers which will provide news, insights, and some personality to complex legal cases.

Our podcasts will convey thought leadership throughout our episodes as well as simplify and discuss implications of key cases in property law. We will also aim to save solicitors some time in summarising and explaining developments.

Episode 4: Caveat emptor! Misrepresentation claims in residential property conveyancing

In this episode, Brittany Pearce and Joss Knight, consider misrepresentation claims following the sale of residential property. They discuss the basics of misrepresentation generally, specific features relating to conveyancing claims, recent cases they have bee involved in and some reported cases, including:

• Thorp v Abbotts [2015] EWHC 2142 (Ch)
• William Sindall plc v Cambridgeshire County Council [1993] EWCA Civ 14
• Morgan v Pooley [2010] EWHC 2447 (QB)
• Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch)

Finally, they finish with some advice and tips for litigators.

In this podcast, Brittany Pearce and Daniel Soar of our Real Estate team will share their first hand experience on what does and doesn't work in Court. They will also summarise and offer their insights into new developments as well as discuss implications of key cases in property law. In this episode Brittany and Dan will discuss litigation of boundary disputes including:

• Cases they have worked
• What evidence should be obtained
• Who should give evidence
• Practical hint and tips

In this episode, John Sharples and Brittany Pearce of St John's Chambers Real Estate team discuss the measured duty of care: what it is, when it applies, how it is likely to be applied by the courts, and what parties can do to best prepare their case.

In this podcast, Natasha Dzameh of our Commercial & Chancery team is joined by Lucia Mills, a Partner at Roskilly & Mills, to discuss claims under the Trusts of Land and Appointment of Trustees Act 1996.

Natasha and Lucia begin with the basics such as who can bring a ToLATA claim and the typical scenarios. They proceed to discuss: the complexities involved in ToLATA claims; the resolution of such claims; reducing the likelihood of these claims being brought; and mistakes commonly made in this field.