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.
