The court considered the award of damages after building works by the defendant in breach of a restrictive covenant.
Held: The complexity of the financing and other factors relevant to the calculation of the developer’s profit mean that the Court is unlikely to be able to perform this exercise without expert assistance and evidence from the parties as to how they would have perceived their respective strengths and weaknesses in any negotiations.
Judges:
Anthony Mann QC
Citations:
[2000] EWHC Ch 454, [2000] EGCS 138, [2002] TCLR 13, [2001] 7 EG 163, (2001) 82 P and CR 22, [2001] 1 EGLR 81
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Jones and Another v Ruth and Another CA 12-Jul-2011
The parties were neighbours. The claimants succeeded in their assertion of trespass and nuisance in building works carried out by the defendant. The claimant appealed against the judge’s failure to award damages for harassment, saying that though . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 21 July 2022; Ref: scu.261946