Jaggard v Sawyer & Anor [1994] EWCA Civ 1 (18 July 1994)

Jaggard v Sawyer & Anor [1994] EWCA Civ 1 (18 July 1994)

The court held that the judge was entitled to refuse injunctions and award damages in lieu because the injury to the plaintiff's rights was small, could be estimated and compensated in money, and an injunction would be oppressive to the defendants. The Shelfer criteria were satisfied, and the Wrotham Park approach to damages was appropriate.

Citation
[1994] EWCA Civ 1
Parties
Appellant: Jaggard; Respondent: Sawyer and another
Jurisdiction
England and Wales
Judgment Date
18 July 1994
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Injunctions, Damages in Lieu of Injunction, Trespass, Restrictive Covenants, Discretionary Equitable Remedies
Property Law Equity Injunctions Damages in Lieu of Injunction Trespass Restrictive Covenants Discretionary Equitable Remedies

Case Brief

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Parties

Jaggard

Appellant

Sawyer and another

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the court should grant an injunction or award damages in lieu for continuing trespass and breach of covenant.
  2. 2 What principles govern the exercise of discretion to award damages instead of an injunction.

Ratio Decidendi

The court held that the judge was entitled to refuse injunctions and award damages in lieu because the injury to the plaintiff's rights was small, could be estimated and compensated in money, and an injunction would be oppressive to the defendants. The Shelfer criteria were satisfied, and the Wrotham Park approach to damages was appropriate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; judgment of county court affirmed; damages in lieu of injunction to stand.