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 reasonable cost of reinstatement, being £605,000, is recoverable as damages. Licence agreements for the bays and yard were concluded and unpaid fees are owed. The Defendants are jointly and severally liable for the breaches and resulting losses.

Citation
[2017] EWHC 3087 (QB)
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 to Land, Damages Assessment, Licence Agreements, Misrepresentation, Waste Management, Environmental Regulation
Tort Contract Property Environmental Law Trespass to Land Damages Assessment Licence Agreements Misrepresentation +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 unpaid licence fees are owed under oral and written agreements
  3. 3 Whether damages for misrepresentation are recoverable

Ratio Decidendi

The Defendants trespassed by unlawfully depositing waste on the Mound and Wood Pile B between April 2015 and July 2016. The reasonable cost of reinstatement, being £605,000, is recoverable as damages. Licence agreements for the bays and yard were concluded and unpaid fees are owed. The Defendants are jointly and severally liable for the breaches and resulting losses.

Court Disposition

Judgment for the Claimants

Orders

  • Defendants to pay £605,000 for trespass and remediation costs
  • Defendants to pay £54,900 for unpaid bays licence fees