Hyde & Ors v Simple Skips Ltd [2017] EWHC 3087 (QB) (30 November 2017)

Hyde & Ors v Simple Skips Ltd [2017] EWHC 3087 (QB) (30 November 2017)

The Defendants trespassed by unlawfully depositing waste on the Mound and Wood Pile B between April 2015 and July 2016. The Claimants are entitled to damages assessed as the reasonable cost of reinstatement, which is objectively fair given the planning permission and Environment Agency requirements. The Defendants are also liable for unpaid licence fees under both the oral Bays licence and the written Yard licence. The evidence supports the existence of the licences and the quantum claimed. The Defendants' objections to the admissibility of topographical and waste return evidence are rejected. The court apportions responsibility for site mismanagement between the Second and Third...

Citation
[2017] EWHC 3087
Parties
Claimant: Reginald Hyde; Claimant: Nicholas Standeven; Claimant: ITR Global Limited; First Defendant: Simple Skips Limited; Second Defendant: John Corney; Third Defendant: Keith Stiles
Jurisdiction
England and Wales
Judgment Date
30 November 2017
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Judgment for the Claimants
Legal Topics
Trespass, Misrepresentation, Licence Fees, Waste Management, Damages Assessment, Environmental Permits
Tort Contract Property Environmental Law Trespass Misrepresentation Licence Fees Waste Management +2 more

Case Brief

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Parties

Reginald Hyde

Claimant

Nicholas Standeven

Claimant

ITR Global Limited

Claimant

Simple Skips Limited

First Defendant

John Corney

Second Defendant

Keith Stiles

Third Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Defendants trespassed by unlawful deposit of waste on the site
  2. 2 Whether the Defendants are liable for unpaid licence fees under oral and written agreements
  3. 3 Whether the Defendants made negligent misrepresentations regarding asbestos

Ratio Decidendi

The Defendants trespassed by unlawfully depositing waste on the Mound and Wood Pile B between April 2015 and July 2016. The Claimants are entitled to damages assessed as the reasonable cost of reinstatement, which is objectively fair given the planning permission and Environment Agency requirements. The Defendants are also liable for unpaid licence fees under both the oral Bays licence and the written Yard licence. The evidence supports the existence of the licences and the quantum claimed. The Defendants' objections to the admissibility of topographical and waste return evidence are rejected. The court apportions responsibility for site mismanagement between the Second and Third...

Court Disposition

Judgment for the Claimants

Orders

  • Defendants to pay £605,000 for trespass (cost of reinstatement)
  • Defendants to pay £54,900 for unpaid Bays licence fees