header-logo header-logo

15 January 2016 / Andrew Francis
Issue: 7682 / Categories: Features , Property
printer mail-detail

A tricky subject

nlj_7682_francis

When will damages be awarded in addition to a permanent injunction in property disputes, asks Andrew Francis

It is generally taken to be the case that when the court grants a permanent injunction to restrain the breach of a property right (or to restore rights where a mandatory injunction is required) and save where there has been physical damage to the claimant’s land, or property, damages for economic loss, for example diminution in value of the claimant’s property, will not usually arise for consideration. After all, the court’s permanent order, whether in prohibitory, or mandatory terms, deals on a “once and for all” basis with the breach, whether the claim is for trespass, breach of covenant, nuisance, or actionable interference with an easement. But as has been said before in another context (Porgy and Bess) it ain’t necessarily so that the grant of the injunction is the end of the matter. As the prayer in Particulars of Claim and Counterclaims invariably states, the claimant seeks an injunction and damages. This applies in claims to damages at common law and under s 50 Senior

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll