Field Common Ltd v Elmbridge Borough Council

Field Common Ltd v Elmbridge Borough Council

Damages for trespass are to be assessed on the basis of a hypothetical negotiation between FCL and the Council for a licence to use the Red Land as access for the 7-year limitation period, reflecting the benefit to the Council and its tenants, with appropriate discounts for likelihood of tenants paying and Council's inability to compel payment. The Council is liable for tenants' trespass where it has permitted such acts by laying tarmac and facilitating access. Damages for loss of opportunity to let for parking/storage are not recoverable due to lack of evidence and planning restrictions.

Parties
Claimant/part 20 Defendant: Field Common Limited; Defendant/part 20 Claimant: Elmbridge Borough Council
Jurisdiction
England and Wales
Judgment Date
27 August 2008
Procedural Posture
Civil / Assessment of Damages Following Judgment on Liability
Outcome
Damages awarded to Field Common Limited against Elmbridge Borough Council, to be calculated per judgment's methodology.
Legal Topics
Trespass, Damages, Hypothetical Negotiation, Liability for Tenants' Acts, Limitation of Actions
Property Law Tort Law Trespass Damages Hypothetical Negotiation Liability for Tenants' Acts Limitation of Actions

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Parties

Field Common Limited

Claimant/part 20 Defendant

Elmbridge Borough Council

Defendant/part 20 Claimant

Procedural Posture

Civil / Assessment of Damages Following Judgment on Liability

Legal Issues

  1. 1 Measure of damages for trespass
  2. 2 Liability of landlord for tenants' trespass
  3. 3 Appropriate method for assessing damages (hypothetical negotiation vs actual loss)

Ratio Decidendi

Damages for trespass are to be assessed on the basis of a hypothetical negotiation between FCL and the Council for a licence to use the Red Land as access for the 7-year limitation period, reflecting the benefit to the Council and its tenants, with appropriate discounts for likelihood of tenants paying and Council's inability to compel payment. The Council is liable for tenants' trespass where it has permitted such acts by laying tarmac and facilitating access. Damages for loss of opportunity to let for parking/storage are not recoverable due to lack of evidence and planning restrictions.

Court Disposition

Damages awarded to Field Common Limited against Elmbridge Borough Council, to be calculated per judgment's methodology.

Orders

  • Damages to be calculated based on hypothetical negotiation for licence to use Red Land as access for 7-year period, with specified rates and discounts.
  • No damages recoverable for Units 13 and 14 after 7 March 2002 and Unit 12 after 28 February 2003.