header-logo header-logo

Home Login E-newsletter About us
11 September 2008
Issue: 7336 / Categories: Case law , Public , Law digest , Damages , Fees
printer mail-detail

Damages

© Copyright LexisNexis 2026. All Rights Reserved.

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
printer mail-details

MOVERS & SHAKERS

Read All
Sponsored by
Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
Read All
Good faith test is objective, rules Supreme Court
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Fisher review urges tough action on digital fraud
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Regulatory overseer must do better
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
Hillsborough Law imposes duty of candour
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judging statistics show mixed bag on diversity progress
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
Copyright © 2026 LexisNexis
back-to-top-scroll