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11 September 2008
Issue: 7336 / Categories: Case law , Public , Law digest , Damages , Fees
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Damages

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch), [2008] All ER (D) 141 (Aug)

Where a landlord has been held responsible for the trespasses of its tenants, the wronged party can recover compensation in respect of the benefits that the landlord enjoyed as a result of that trespass.

The correct approach to the assessment of damages in such a case is the “hypothetical negotiation” approach (based on what the landlord would have paid on a hypothetical negotiation for the grant of the necessary rights). However, the conclusion is critically dependent on the factors which are to be taken into account in the hypothetical negotiation that is envisaged.

Issue: 7336 / Categories: Case law , Public , Law digest , Damages , Fees
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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