000 01834cam a2200337 4500
001 ABS68691
008 040528n2005 000 0 eng u
035 _a(Sirsi) u128953
100 _aBickford-Smith, S.
245 _aSewers and spies
260 _c2005
490 _aSolicitors' Journal
_v149(8) 25 February 2005, 218-219(2)
520 _aReports 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.
590 _aABS
650 _aSEVERN TRENT WATER LTD V BARNES
650 _aWROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
650 _aATTORNEY GENERAL V BLAKE
650 _aINVERUGIE INVESTMENTS LTD V HACKETT
650 _aJAGGARD V SAWYER AND ANOTHER
650 _aKETLEY V GOODEN
650 _aMINISTRY OF DEFENCE V ASHMAN
650 _aDEAN AND CHAPTER OF THE CATHEDRAL AND METROPOLITAN CHURCH OF CHRIST CANTERBURY V WHITBREAD PLC
650 _aWATER INDUSTRY ACT 1991 S159
650 _aWAYLEAVES
650 _aLAND VALUES
650 _aCOMPENSATION
650 _aTRESPASS
650 _aRESTITUTIONARY DAMAGES
690 _aBoundary disputes
_96221
942 _n0
999 _c74886
_d74886