(Birmingham County Court) The parties disputed ownership of a room between their adjoining properties, which incuded a flying freehold. The defendant was said to have broken through into the room, and then blocked off the previous door into the claimant’s restaurant premises.
Held: The Defendant, Brookwide Ltd, was liable to the Claimant in damages for the continuing (and continuous) infringement of his rights to enjoy the use of the room after acquiring the beneficial interest in it from the trustee in bankruptcy of his father. The court also considered awarding exemplary and other damages. The court ordered the case to be transferred to the High Court for further consideration.
Judges:
Geraldine Andrews QC J
Citations:
[2010] EW Misc 13 (EWCC)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited by:
Transferred from – Ramzan v Brookwide Ltd ChD 8-Oct-2010
The claimant owned a flying freehold room butting into the defendant’s property. Whilst the claimant’s property was unoccupied, the defendant broke through into the room, blocked off the door to the claimant’s property, and included the room in the . .
At County Court – Ramzan v Brookwide Ltd (Ancillary Matters) CA 19-Aug-2011
Costs award after principal judgment . .
At County Court – Ramzan v Brookwide Ltd CA 19-Aug-2011
The defendant had broken through into a neighbour’s flying freehold room, closed it off, and then included it in its own premises for let. It now appealed against the quantum of damages awarded. The judge had found the actions deliberate and with a . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 27 March 2022; Ref: scu.426713