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11 September 2008
Issue: 7336 / Categories: Case law , Public , Law digest , Damages , Fees
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Damages

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch), [2008] All ER (D) 141 (Aug)

Where a landlord has been held responsible for the trespasses of its tenants, the wronged party can recover compensation in respect of the benefits that the landlord enjoyed as a result of that trespass.

The correct approach to the assessment of damages in such a case is the “hypothetical negotiation” approach (based on what the landlord would have paid on a hypothetical negotiation for the grant of the necessary rights). However, the conclusion is critically dependent on the factors which are to be taken into account in the hypothetical negotiation that is envisaged.

Issue: 7336 / Categories: Case law , Public , Law digest , Damages , Fees
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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