Ward v Rowland & Anor [2002] EWCA Civ 1105 (27 May 2002)

Ward v Rowland & Anor [2002] EWCA Civ 1105 (27 May 2002)

The claimant was entitled to damages assessed as the difference in value between sale with vacant possession and sale subject to the tenancy, as the defendants' conduct excluded him permanently and unjustly enriched them; he was not required to mitigate loss by pursuing the new owner.

Citation
[2002] EWCA Civ 1105
Parties
Claimant/respondent: Peter Lewis Ward; Defendant/applicant: Albert Gordon Rowland; Defendant/applicant: Gloria Rowland
Jurisdiction
England and Wales
Judgment Date
27 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Agricultural Tenancy, Damages Assessment, Mitigation of Loss, Overriding Interests, Unjust Enrichment
Property Law Landlord and Tenant Law Agricultural Tenancy Damages Assessment Mitigation of Loss Overriding Interests Unjust Enrichment

Case Brief

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Parties

Peter Lewis Ward

Claimant/respondent

Albert Gordon Rowland

Defendant/applicant

Gloria Rowland

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether damages for exclusion from agricultural land were properly assessed
  2. 2 Whether claimant was required to mitigate loss by pursuing new owner
  3. 3 Whether defendants unjustly enriched by sale with vacant possession

Ratio Decidendi

The claimant was entitled to damages assessed as the difference in value between sale with vacant possession and sale subject to the tenancy, as the defendants' conduct excluded him permanently and unjustly enriched them; he was not required to mitigate loss by pursuing the new owner.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • No further action required