Compensation—Loss of private rights
Rowland v Blades [2021] EWHC 2928 (Ch), [2021] All ER (D) 45 (Nov)
The Chancery Division allowed the appellant’s appeal, in a dispute concerning the amount that he was entitled to be paid to represent his exclusion from the use of a property between 2009 and 2015. The master had awarded £59,958, based on expert evidence of rental values as a weekend holiday let. The court held that a figure on the mid-point between the two, that was between the figure allowed by the master and the figure for half of the annual rental, amounted to a total over the six-year period in the region of £120,000. That was the figure, having regard to the way the expert had been asked to produce his valuations and to the valuations which had been produced, which came closest to the loss which the appellant had suffered on the available evidence.
Duty of care—Existence of duty
HXA v Surrey County Council; YXA (a protected party by his litigation friend, the Official Solicitor) v Wolverhampton City Council [2021] EWHC 2974 (QB),