000			01554cab a2200205 4500
001			L130339
008			050718n2005 000 0 eng u
035			_a(Sirsi) u130339
041			_aeng
100			_aRoss, Jonathan
245			_aCase news: Bryant and Bryant v Macklin and Macklin
260			_c2005
490			_aProperty Week _v70(27) 8 July 2005, 62 (1)
520			_aExamines "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.
590			_aIKA190705
650			_aBRYANT AND BRYANT v MACKLIN AND MACKLIN
690			_aResidential property _96266
856			_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/762.html _zView the decision free of charge at www.bailii.org...
942			_n0
999			_c75565 _d75565