Image from Google Jackets

Cardwell and others v Walker and another

Series: Estates Gazette ; [2004] 04 EG 108(1) (CS)Publication details: 2004Subject(s): Summary: [2003] EWHC 3117 (Ch), 19 December 2003. First appellant (W) ran a holiday village in Cornwall owned by the second appellant, his brother. W interfered with the respondent tenants' (C) easement of electricity supply by severely restricting the daily period when tenants could purchase tokens for the electricity meters installed by W in 1997. This restriction had commenced in 2000 after W had sought to increase electricity charges, which the tenants refused to accept. C began proceedings against W, the judge finding in favour of C, placing the second appellant under obligation to sell tokens on site between 0900 and 1700 daily and awarding the tenants aggravated damages. W appealed on the grounds that an easement could not impose upon the servient owner any positive obligation to do something and disputed the sum of damages awarded. "Held" appeal allowed in part. i) The second appellant W was bound by the easements granted in the leases: the installation of the meters was not an actionable interference but as soon as the appellants severely restricted the tenants' daily period for purchasing the tokens, it became one; ii) there was only a case for nominal damages, not the aggravated damages awarded earlier.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67532 (Browse shelf(Opens below)) 1 Available 125232-1001

[2003] EWHC 3117 (Ch), 19 December 2003. First appellant (W) ran a holiday village in Cornwall owned by the second appellant, his brother. W interfered with the respondent tenants' (C) easement of electricity supply by severely restricting the daily period when tenants could purchase tokens for the electricity meters installed by W in 1997. This restriction had commenced in 2000 after W had sought to increase electricity charges, which the tenants refused to accept. C began proceedings against W, the judge finding in favour of C, placing the second appellant under obligation to sell tokens on site between 0900 and 1700 daily and awarding the tenants aggravated damages. W appealed on the grounds that an easement could not impose upon the servient owner any positive obligation to do something and disputed the sum of damages awarded. "Held" appeal allowed in part. i) The second appellant W was bound by the easements granted in the leases: the installation of the meters was not an actionable interference but as soon as the appellants severely restricted the tenants' daily period for purchasing the tokens, it became one; ii) there was only a case for nominal damages, not the aggravated damages awarded earlier.