Knight v Gibson

Knight v Gibson

The trial judge did not misdirect herself or err in principle in refusing an inquiry and instead fixing damages based on the limited evidence available, given the disproportionate cost and delay further proceedings would entail. The exercise of discretion was consistent with the overriding objective and proportionality.

Parties
Claimant/appellant: David Whitburn Knight; Defendant/respondent: Brian Halley Gibson
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Quantum of Damages for Breach of Covenant
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Damages Assessment, Discretion of Trial Judge, Case Management, Injunctions
Land Law Contract Law Civil Procedure Restrictive Covenants Damages Assessment Discretion of Trial Judge Case Management Injunctions

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Parties

David Whitburn Knight

Claimant/appellant

Brian Halley Gibson

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Quantum of Damages for Breach of Covenant

Legal Issues

  1. 1 Whether the trial judge erred in refusing an inquiry as to damages and instead fixing damages herself for breach of covenant
  2. 2 Whether the judge misdirected herself in the exercise of discretion regarding quantum of damages

Ratio Decidendi

The trial judge did not misdirect herself or err in principle in refusing an inquiry and instead fixing damages based on the limited evidence available, given the disproportionate cost and delay further proceedings would entail. The exercise of discretion was consistent with the overriding objective and proportionality.

Court Disposition

Appeal dismissed

Orders

  • Damages fixed at £4,000 for breach of covenant over eight years (£500 per year) stand
  • No inquiry as to damages ordered