Sinclair & Anor v Gavaghan & Ors

Sinclair & Anor v Gavaghan & Ors

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 for the limited use made of the Red Triangle between September and December 2005. The Defendants gained only a modest convenience, not significant financial advantage, and would not have paid more than £5,000 for such a licence. The Claimants' higher figures are unrealistic as the Defendants could have achieved their development objectives without the trespass, albeit less conveniently.

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
Civil (chancery) / Assessment of Damages Following Judgment for Trespass and Grant of Injunction
Outcome
Damages assessed for trespass; permanent injunction confirmed.
Legal Topics
Trespass to Land, Damages Assessment, Injunctions, Adverse Possession, Easements
Property Law Tort Law Trespass to Land Damages Assessment Injunctions Adverse Possession Easements

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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

Civil (chancery) / Assessment of Damages Following Judgment for Trespass and Grant of Injunction

Legal Issues

  1. 1 What is the appropriate measure of damages for the Defendants' acts of trespass over the Claimants' land (the Red Triangle)?
  2. 2 What financial benefit did the Defendants obtain from the trespass and what would have been a reasonable licence fee 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 for the limited use made of the Red Triangle between September and December 2005. The Defendants gained only a modest convenience, not significant financial advantage, and would not have paid more than £5,000 for such a licence. The Claimants' higher figures are unrealistic as the Defendants could have achieved their development objectives without the trespass, albeit less conveniently.

Court Disposition

Damages assessed for trespass; permanent injunction confirmed.

Orders

  • Defendants to pay the Claimants £5,000 as damages for trespass.
  • Permanent injunction against further trespass over the Red Triangle remains in force.