Wynn-Jones v Bickley

Wynn-Jones v Bickley

Damages in lieu of an injunction for trespass by encroachment are to be assessed as at the date of breach (June 2001), based on a hypothetical negotiation between willing parties, reflecting the net gain to the claimants from the extension after deducting building costs, with the relevant share attributable to the defendant's land, and the likely outcome being a 50/50 split of that gain; interest is awarded in lieu of mesne profits, and the net sum is reduced by any set-off for harassment damages.

Parties
Claimant: Wynn-Jones; Defendant: Bickley
Jurisdiction
England and Wales
Judgment Date
04 July 2006
Procedural Posture
Civil / Assessment of Damages Following Trial and Judgment
Outcome
Damages awarded to defendant (Mrs Bickley), inclusive of interest, set off by harassment award.
Legal Topics
Damages in Lieu of Injunction, Trespass, Boundary Disputes, Assessment of Damages, Land Transfer, Rectification of Title
Property Law Equity Damages in Lieu of Injunction Trespass Boundary Disputes Assessment of Damages Land Transfer Rectification of Title

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Wynn-Jones

Claimant

Bickley

Defendant

Procedural Posture

Civil / Assessment of Damages Following Trial and Judgment

Legal Issues

  1. 1 What is the appropriate measure and quantum of damages in lieu of an injunction for trespass by encroachment?
  2. 2 What is the correct valuation date for assessing such damages?
  3. 3 Should mesne profits or interest be awarded in addition to damages?

Ratio Decidendi

Damages in lieu of an injunction for trespass by encroachment are to be assessed as at the date of breach (June 2001), based on a hypothetical negotiation between willing parties, reflecting the net gain to the claimants from the extension after deducting building costs, with the relevant share attributable to the defendant's land, and the likely outcome being a 50/50 split of that gain; interest is awarded in lieu of mesne profits, and the net sum is reduced by any set-off for harassment damages.

Court Disposition

Damages awarded to defendant (Mrs Bickley), inclusive of interest, set off by harassment award.

Orders

  • Claimants (Wynn-Jones) to pay defendant (Bickley) £17,220, inclusive of interest and after set-off for harassment damages.