In actions brought by surface owners against the owners of minerals to recover damages for injuries sustained by their property owing to the subsidence caused by the removal of minerals, no award of damages can be given in respect of depreciation caused by the apprehension of future subsidences; nothing can be taken into consideration except the actual damage already sustained.
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, Macnaghten, James of Hereford, and Atkinson
Citations:
[1907] UKHL 970, 45 SLR 970
Links:
Jurisdiction:
England and Wales
Land
Updated: 27 April 2022; Ref: scu.622317