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Sewers and spies

By: Series: Solicitors' Journal ; 149(8) 25 February 2005, 218-219(2)Publication details: 2005Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68691 (Browse shelf(Opens below)) 1 Available 128953-1001

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.