Bryant & Anor v Macklin & Anor

Bryant & Anor v Macklin & Anor

The appropriate measure of damages in this case is the reasonable cost of reinstatement with young trees (option A), as this is what a reasonable person would do to restore amenity, and the cost is not disproportionate to the value of the property. Additional general and aggravated damages are warranted due to the...

Source-derived case information.

Parties
Appellant: Douglas Bryant; Appellant: Brenda Jean Bryant; Respondent: Frank Harvey Macklin; Respondent: Mandy Macklin
Jurisdiction
England and Wales
Judgment Date
23 June 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Assessment of Damages
Outcome
appeal allowed
Legal Topics
Trespass to Land, Damages, Reinstatement, Aggravated Damages, Loss of Amenity
Tort Property Law Trespass to Land Damages Reinstatement Aggravated Damages Loss of Amenity

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Parties

Douglas Bryant

Appellant

Brenda Jean Bryant

Appellant

Frank Harvey Macklin

Respondent

Mandy Macklin

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Assessment of Damages

Legal Issues

  1. 1 What is the appropriate measure of damages for trespass resulting in destruction of trees on residential property?
  2. 2 Should damages be based on diminution in value or cost of reinstatement?
  3. 3 Are general and aggravated damages warranted and at what level?

Ratio Decidendi

The appropriate measure of damages in this case is the reasonable cost of reinstatement with young trees (option A), as this is what a reasonable person would do to restore amenity, and the cost is not disproportionate to the value of the property. Additional general and aggravated damages are warranted due to the ongoing loss of amenity and the defendants' high-handed conduct.

Court Disposition

appeal allowed

Orders

  • Judge's award set aside.
  • Damages awarded as follows: £44,500 for reinstatement, £12,000 general damages, £4,000 aggravated damages, £4,512.50 special damages.