The court looked at the measure of damages in relation to damage to land: ‘The award, particularly when contrasted with the cost of full reinstatement, in my judgment, also passes the test of reasonableness. I add that test of reasonableness because the authorities to which we have been referred indicate that reasonableness always has to be taken into account. The judge must stand back, when he has done his arithmetic, and ask himself whether the figure achieved by his findings is fair both to the plaintiff and to the defendants.’
Judges:
Lord Justice Russell
Citations:
[1990] 1 EGLR 177
Jurisdiction:
England and Wales
Cited by:
Cited – Bryant v Macklin CA 23-Jun-2005
The parties were neighbours. Mature trees had been damaged which had provided a screen against pylons. The cost of one directly equivalent tree would be andpound;400,000.
Held: In this case it was not possible to make an award which could . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 06 July 2022; Ref: scu.227093
