[2004] EWCA Civ 570, 13 May 2004. The appellant (S) had been brought to court by the respondent (B) for trespass after S had laid water pipes under his land without giving statutory notice. S had statutory powers to lay and maintain water mains under the Water Industry Act 1991 s159, but failed to realise B's ownership of a corner of grazing land under which the mains passed. Once S realised B's ownership, S served notice. B then sought damages for diminuition in the development and agricultural value of his land. The judge held that the land had no development value and awarded costs based on the likely reasonable outcome of any negotiations between the parties. The judge also awarded #500 as compensation for the lost opportunity to negotiate and #1 560 as restitutionary damages, based on 3 years' notional rent charge of #520 pa. However, on appeal, the award was reduced. "Held": that there was no basis for the restitutionary damages. View judgment at www.bailii.org.