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Case news: Bryant and Bryant v Macklin and Macklin

By: Language: English Series: Property Week ; 70(27) 8 July 2005, 62 (1)Publication details: 2005Subject(s): Online resources: Summary: Examines "Bryant and Bryant v Macklin and Macklin" ([2005] EWCA Civ 762, unreported), where the judge had to assess what level of damages should be recoverable by the appellants (B) for damages caused to their house and land as a result of actions by their respondent neighbours (M). M's livestock entered B's property through a broken fence and caused substantial damage to B's mature poplar trees. Replacing fully developed trees would cost £400 000, replanting with young trees £47 000 and a compromise replanting of mature but not fully developed trees would cost £190 000. At the original trial the judge awarded B £25 000 damages based solely on the reduction in property value. CA held that a reasonable person would replace the damaged trees with new trees and wait for them to grow. B were awarded £47 000, £12 000 compensation for loss of amenity and M had to pay £4 000 in aggravated damages.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L130339 (Browse shelf(Opens below)) 1 Available 130339-1001

Examines "Bryant and Bryant v Macklin and Macklin" ([2005] EWCA Civ 762, unreported), where the judge had to assess what level of damages should be recoverable by the appellants (B) for damages caused to their house and land as a result of actions by their respondent neighbours (M). M's livestock entered B's property through a broken fence and caused substantial damage to B's mature poplar trees. Replacing fully developed trees would cost £400 000, replanting with young trees £47 000 and a compromise replanting of mature but not fully developed trees would cost £190 000. At the original trial the judge awarded B £25 000 damages based solely on the reduction in property value. CA held that a reasonable person would replace the damaged trees with new trees and wait for them to grow. B were awarded £47 000, £12 000 compensation for loss of amenity and M had to pay £4 000 in aggravated damages.