Trespass revisited
Pawlowski, Mark
Trespass revisited - 2007 - Solicitors' Journal 151(46) 7 December 2007, 1548-1549(2) .
Reviews the case of Sinclair v Gavaghan [2007] EWHC 2256 (Ch), which considers damages for a temporary trespass. The case concerns access to a piece of development land. For access to this the defendants had regularly trespassed across a piece of land belonging to the claimants. Considers the appropriate method for determining the calculation of damages. It was held that these should be calculated through a hypothetical negotiation. This considers the extent, nature and duration of trespass, alternatives available to the parties, and the effect on the defendant's development. The latter's profits may also be taken into account. Case law.
SINCLAIR V GAVAGHAN
England and Wales--1543-
Trespass revisited - 2007 - Solicitors' Journal 151(46) 7 December 2007, 1548-1549(2) .
Reviews the case of Sinclair v Gavaghan [2007] EWHC 2256 (Ch), which considers damages for a temporary trespass. The case concerns access to a piece of development land. For access to this the defendants had regularly trespassed across a piece of land belonging to the claimants. Considers the appropriate method for determining the calculation of damages. It was held that these should be calculated through a hypothetical negotiation. This considers the extent, nature and duration of trespass, alternatives available to the parties, and the effect on the defendant's development. The latter's profits may also be taken into account. Case law.
SINCLAIR V GAVAGHAN
England and Wales--1543-