Stadium Capital Holdings (No 2) Ltd v St Marylebone Property Company & anor [2011] EWHC 2856 (Ch)

Case Study: Enforcement of planning obligations

Matt Hutchings QC considers some of the lessons to be learned from his experience of acting for the London Borough of Southwark when enforcing s106 agreements ‘The use of third-party funding in the context of affordable housing obligations in s106 agreements has not obtained the same level of publicity it has in a right-to-buy context.’ …

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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 …

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Damages: Park life

David Sawtell looks at the calculation of Wrotham Park damages It is reasonable for the court to look at the eventual outcome and to consider whether or not that is a useful guide to what the parties would have thought at the time of their hypothetical bargain where there has been nothing like an actual …

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