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 defendant (made after he had reserved his judgment) to adjourn the question of quantum, and went on to award damages on the basis of the entire fee income obtained by the trespasser over the 3-year period of the trespass.
Held: The appeal was allowed, and remitted for consideration of quantum. There should have been a splt trial. An award of 100% of the gross profits earned from the exploitation of land by trespasser is at the very top end of the range of awards of damages on a restitutionary basis, to be reserved for the most serious cases.
Judges:
Sullivan, Patten LJJ, Peter Smith J
Citations:
[2010] EWCA Civ 952
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Damages, Land
Updated: 22 August 2022; Ref: scu.421540