Wragge Lawrence Graham & Co

UK 200 2013 position: 25

Property update — November–December 2013: trespass

The Court of Appeal has had to consider the amount of damages payable in relation to air conditioning equipment placed, without permission, on a roof. If the parties had negotiated a licence, what would have been the duration of the hypothetical permission? And could aggravated damages be awarded to the aggrieved owner in respect of the trespass?

The court based its assessment of damages on the price that would have been paid for a licence equal in length to the time the unit was unlawfully on the roof. It did not agree that the parties might have negotiated the licence to last much longer — which would, of course, have cost more.

Aggravated damages could not be awarded. These are aimed at compensating for the distress and injury to feelings caused by a guilty party’s conduct. If the innocent party is a company, then it has no feelings that can be hurt in this way…

If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.

Briefings from Wragge Lawrence Graham & Co

View more briefings from Wragge Lawrence Graham & Co

Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

View more analysis from The Lawyer

Browse This Firm’s

Overview

55 Colmore Row
Birmingham
B3 2AS
UK
http://www.wragge-law.com/

Turnover (£m): 120.50
No. of Lawyers: 458