Liverpool and Lancashire Properties Limited and Another v Lunn Poly Ltd and Another: CA 15 Mar 2006

Where a tenant successfully obtained relief from forfeiture, and compensatory damages were payable under the 1858 Act in lieu of an injunction, and had assigned the lease for a profit the court could exceptionally use its equitable jurisdiction to either revalue the property at a different date, or direct that a specific post-valuation event must be allowed for, so as to ensure that any windfall was taken into account.
Neuberger LJ said: ‘Given that negotiating damages under [Lord Cairns’] Act are meant to be compensatory, and are normally to be assessed or valued at the date of breach, principle and consistency indicate that post-valuation events are normally irrelevant; but, given the quasi-equitable nature of such damages, the judge may, where there are good reasons, direct a departure from the norm either by selecting a different valuation date or by directing that a specific post-valuation date event be taken into account’.
Auld, Scott Baker, Neuberger LJJ
Times 18-Apr-2006, [2006] EWCA Civ 430, [2006] 25 EG 210, [2006] 12 EG 222, [2007] L and TR 6, [2006] 2 EGLR 29
Bailii
Chancery Amendment Act 1858
England and Wales
Cited by:
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CitedStar Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Cited32Red Plc v WHG (International) Ltd and Others ChD 12-Apr-2013
The court had found trade mark infringement by the defendant and now considered the quantification of damages. . .
CitedMorris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
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These lists may be incomplete.
Updated: 02 April 2021; Ref: scu.240431