Sinclair & Anor v Gavaghan & Ors [2007] EWHC 2256 (Ch) (16 October 2007)

Sinclair & Anor v Gavaghan & Ors [2007] EWHC 2256 (Ch) (16 October 2007)

The appropriate measure of damages for the Defendants' trespass is the sum that would have been agreed in a hypothetical negotiation for a temporary licence to use the land, reflecting the limited convenience gained and not including costs that would have been incurred regardless of the trespass. The damages are assessed at £5,000.

Citation
[2007] EWHC 2256 (Ch)
Parties
Claimant: Christopher Gill Sinclair; Claimant: Alan Edward Pearson; Defendant: Brian Gavaghan; Defendant: Frances Ruth Gavaghan; Defendant: FR & B Gavaghan
Jurisdiction
England and Wales
Judgment Date
16 October 2007
Procedural Posture
Chancery Trespass and Damages / Assessment of Damages Following Grant of Injunction
Outcome
Damages assessed in favour of the Claimants
Legal Topics
Trespass to Land, Damages Assessment, Injunctions, Restitutionary Damages, Boundary Disputes
Property Law Tort Law Trespass to Land Damages Assessment Injunctions Restitutionary Damages Boundary Disputes

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Parties

Christopher Gill Sinclair

Claimant

Alan Edward Pearson

Claimant

Brian Gavaghan

Defendant

Frances Ruth Gavaghan

Defendant

FR & B Gavaghan

Defendant

Procedural Posture

Chancery Trespass and Damages / Assessment of Damages Following Grant of Injunction

Legal Issues

  1. 1 What is the appropriate measure of damages for the Defendants' trespass over the Claimants' land?
  2. 2 What financial benefit did the Defendants obtain from the trespass and what would a reasonable licence fee have been for the temporary use of the land?

Ratio Decidendi

The appropriate measure of damages for the Defendants' trespass is the sum that would have been agreed in a hypothetical negotiation for a temporary licence to use the land, reflecting the limited convenience gained and not including costs that would have been incurred regardless of the trespass. The damages are assessed at £5,000.

Court Disposition

Damages assessed in favour of the Claimants

Orders

  • Defendants to pay £5,000 in damages to the Claimants for trespass