Amec Developments Ltd v Jury’s Hotel Management (UK) Ltd [2000] EWHC Ch 454

Trespass: Damages without loss

How should damages be assessed where there is no loss to the claimant but the defendant has gained a benefit that he has not had to pay for? Robert Phillips looks at a recent case ‘We can draw from Eaton Mansions confirmation of the principle that even where a trespass causes no, or minimal, loss …

Continue reading "Trespass: Damages without loss"

This post is only available to members.

Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …

Continue reading "Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!"

This post is only available to members.

Trespass: The correct award

Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass ‘The decisions are not outwith the main trend of modern cases, which, after a period when there was some support for the view that injunctions should be a weapon of last resort, have …

Continue reading "Trespass: The correct award"

This post is only available to members.

Restrictive Covenants: Not in my back yard!

Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

Continue reading "Restrictive Covenants: Not in my back yard!"

This post is only available to members.