11 November 2010
Ramzan v Brookwide Ltd [2010] EWHC 2453 (Ch), [2010] All ER (D) 29 (Nov)
In respect of a claim for damages for the continuing (and continuous) infringement of the right to enjoy the use of property, the proper starting point in the assessment of damages in lieu was the value of the land encroached upon, and the degree to which the piece of land encroached upon had enhanced the amenities of the trespasser in question.
The proper question to ask was how much an owner could reasonably have sought from a trespasser for the land wrongly incorporated into its property.
