Stadium Capital Holdings (No.2) Ltd v St Marylebone Property Company & Anor

Stadium Capital Holdings (No.2) Ltd v St Marylebone Property Company & Anor

Damages for trespass are to be assessed on the basis of a hypothetical negotiation between reasonable parties at the time the trespass began, taking into account the landowner's ability to refuse permission (the 'trump card'), the uncertainties and costs of alternative courses, and comparable wayleave agreements. The appropriate award is 50% of the net revenue from the advertising licence during the trespass period.

Parties
Claimant: Stadium Capital Holdings (No.2) Limited; First Defendant: St Marylebone Property Company PLC; Second Defendant: Clear Channel UK Limited
Jurisdiction
England and Wales
Judgment Date
08 November 2011
Procedural Posture
Civil / Assessment of Damages After Appellate Remittal
Outcome
Damages awarded to claimant for trespass, assessed at 50% of the advertising licence revenue during the trespass period.
Legal Topics
Trespass, Damages, Restitution, Hypothetical Negotiation, User Principle
Property Law Tort Law Trespass Damages Restitution Hypothetical Negotiation User Principle

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Parties

Stadium Capital Holdings (No.2) Limited

Claimant

St Marylebone Property Company PLC

First Defendant

Clear Channel UK Limited

Second Defendant

Procedural Posture

Civil / Assessment of Damages After Appellate Remittal

Legal Issues

  1. 1 How should damages for trespass be assessed where the defendant profited from the trespass and the landowner could have refused permission?
  2. 2 What is the appropriate measure of damages: account of profits or hypothetical licence fee based on a notional negotiation?

Ratio Decidendi

Damages for trespass are to be assessed on the basis of a hypothetical negotiation between reasonable parties at the time the trespass began, taking into account the landowner's ability to refuse permission (the 'trump card'), the uncertainties and costs of alternative courses, and comparable wayleave agreements. The appropriate award is 50% of the net revenue from the advertising licence during the trespass period.

Court Disposition

Damages awarded to claimant for trespass, assessed at 50% of the advertising licence revenue during the trespass period.

Orders

  • Marylebone to pay Stadium Capital Holdings (No.2) Limited damages in the sum of £156,986.35.