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A knotty problem

01 April 2010 / Andrew Francis
Issue: 7411 & 7412 / Categories: Features , Damages
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An appropriate briefing is key to untangling release fee damages, says Andrew Francis

There are many types of cases where release fee damages may be applicable and the number of different factors that need to be taken into consideration make for a knotty area of law. An accurate and appropriate briefing from legal advisers on release fee damages is key in enabling experts to adopt the right approach to quantifying these damages and to avoid creating unjustified expectations.

From newly constructed houses in Potter’s Bar to the Balal Oilfield in the Persian Gulf, and development at Vincent Square, Westminster. From George Blake the traitor to Jimi Hendrix the musician. This area of the law spans trespass to land in Great Bridgewater St, Manchester and at Walton on Thames, Surrey, rights of light on the Isle of Wight and trademarks as between a wrestling federation and a wildlife charity.

What do all these cases have in common? They are all instances where the court has examined the subject of “release fee”, “ransom” or “Wrotham Park” damages. Here they will be referred to as

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