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Damages

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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