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 flat it then let. The case was transferred to the High court to consider issues of principle on the award of damages, including exemplary damages.
Held: Throughout the period, the defendant had held the property in trust for the claimant, and profits fell to be awarded for trespass, denial of title, an account of profits exemplary damages. The court decided to award: ‘mesne profits, representing the actual loss to the Claimant, on the basis of applying an annual percentage of 4.5% to the agreed capital value of the expropriated property’.
Judges:
Geraldine Andrews QC J
Citations:
[2010] EWHC 2453 (Ch), [2011] 2 All ER 38
Links:
Jurisdiction:
England and Wales
Citing:
Transferred from – Ramzan v Agra Ltd; Ramzan v Brookwide Limited Misc 4-Apr-2008
(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 . .
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 – Horsford v Bird and others PC 17-Jan-2006
(Antigua and Barbuda) The Board was asked as to the damages to be awarded after the defendant had built a wall which encroached on the claimant’s land and appropriated some 455 square feet. Aggravated damages had been awarded. The court was asked . .
Cited – Parabola Investments Ltd and Others v Browallia Cal Ltd and Others CA 5-May-2010
The second defendant appealed against the level of damages awarded against him after he was found guilty of a fraud on the claimant, saying that the loss of profits element was unproven.
Held: The appeal failed. Where a claimant’s investment . .
Cited – Swordheath Properties Ltd v Tabet CA 1979
The amount of damages payable by a trespasser on land is ordinarily the letting value of the premises. Megaw LJ said: ‘It appears to me to be clear, both as a matter of principle and of authority, that in a case of this sort the plaintiff, when he . .
Cited – Stadium Capital Holdings (No 2) Ltd v St Marylebone Property Company Plc Clear Channel UK Ltd CA 15-Jul-2010
The court considered a trespass to the claimant’s airspace by the erection of a commercial advertising hoarding without permission. It had generated significant revenue for the trespasser. The trial judge had refused a very late application by the . .
Cited – Ministry of Defence v Ashman and Another CA 3-May-1993
A person who has profited from trespassing on someone else’s land may be ordered to pay what are sometimes called ‘restitutionary damages’ to the landowner. Mesne profits can be calculated as the cost of alternative Local Authority Housing. Kennedy . .
Cited – Blomley v Ryan 28-Mar-1956
(High Court of Australia) Equity – Contract for sale and purchase of grazing property – Suit for specific performance brought by purchaser – Vendor aged and affected by long bout of rum drinking – Claim to set aside contract – Unconscionable bargain . .
Cited – Multiservice Bookbinding Ltd v Marden ChD 1978
To have a transaction set aside as a harsh and unconscionable bargain, a party would have to show not only that the terms of the transaction were harsh or oppressive, but also moral unfairness. Browne-Wilkinson J said: ‘In my judgment a bargain . .
Cited – Alec Lobb (Garages) Ltd v Total Oil Ltd QBD 1983
To establish that a contract was unconscionable, a party had to have made an unconscientious use of its superior position or superior bargaining power to the detriment of someone suffering from some special disability or disadvantage. This weakness . .
Cited – Design Progression Limited v Thurloe Properties Limited ChD 25-Feb-2004
The tenant applied for a licence to assign. The landlord failed to reply, anticipating that delay would allow it to generate a better lease renewal.
Held: The delay was unreasonable and a breach of the landlord’s statutory duty, and was an act . .
Cited by:
At first instance – Ramzan v Brookwide Ltd (Ancillary Matters) CA 19-Aug-2011
Costs award after principal judgment . .
Appeal from – 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.
Damages, Land
Updated: 02 September 2022; Ref: scu.425257