Sewers and spies
Bickford-Smith, S.
Sewers and spies - 2005 - Solicitors' Journal 149(8) 25 February 2005, 218-219(2) .
Reports on "Severn Trent Water Ltd v Barnes" ([2004] EWCA Civ 570, Abs67785) which provides guidance on restitutionary damages in tort. The case concerned a claim by a landowner for compensation following the laying of a water main under his land without proper notice under the Water Industry Act 1991. The CA upheld the trial judge's award of £110 which is the amount that the LT would have given in compensation and £500 for the loss of the opportunity that he would have had to negotiate a higher figure. The landowner's claim for loss of value and amenity in the land were rejected. The compensation was less than the landowner could have achieved in negotiation. This illustrates the dangers for claimants who try to pursue exaggerated and defectively formulated damages claims.
SEVERN TRENT WATER LTD V BARNES
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
ATTORNEY GENERAL V BLAKE
INVERUGIE INVESTMENTS LTD V HACKETT
JAGGARD V SAWYER AND ANOTHER
KETLEY V GOODEN
MINISTRY OF DEFENCE V ASHMAN
DEAN AND CHAPTER OF THE CATHEDRAL AND METROPOLITAN CHURCH OF CHRIST CANTERBURY V WHITBREAD PLC
WATER INDUSTRY ACT 1991 S159
WAYLEAVES
LAND VALUES
COMPENSATION
TRESPASS
RESTITUTIONARY DAMAGES
Sewers and spies - 2005 - Solicitors' Journal 149(8) 25 February 2005, 218-219(2) .
Reports on "Severn Trent Water Ltd v Barnes" ([2004] EWCA Civ 570, Abs67785) which provides guidance on restitutionary damages in tort. The case concerned a claim by a landowner for compensation following the laying of a water main under his land without proper notice under the Water Industry Act 1991. The CA upheld the trial judge's award of £110 which is the amount that the LT would have given in compensation and £500 for the loss of the opportunity that he would have had to negotiate a higher figure. The landowner's claim for loss of value and amenity in the land were rejected. The compensation was less than the landowner could have achieved in negotiation. This illustrates the dangers for claimants who try to pursue exaggerated and defectively formulated damages claims.
SEVERN TRENT WATER LTD V BARNES
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
ATTORNEY GENERAL V BLAKE
INVERUGIE INVESTMENTS LTD V HACKETT
JAGGARD V SAWYER AND ANOTHER
KETLEY V GOODEN
MINISTRY OF DEFENCE V ASHMAN
DEAN AND CHAPTER OF THE CATHEDRAL AND METROPOLITAN CHURCH OF CHRIST CANTERBURY V WHITBREAD PLC
WATER INDUSTRY ACT 1991 S159
WAYLEAVES
LAND VALUES
COMPENSATION
TRESPASS
RESTITUTIONARY DAMAGES