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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
An essential guide to getting ‘pensions ready’ in a month.
From 6 April 2016 the Annual Allowance for those with ‘adjusted incomes’ over £150k will be reduced down to a minimum of £10k. ‘