Damages
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Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd
Development – Property companies – Claimant complaining of interference with right to light – Claimant applying for mandatory injunction – Court ruling damages appropriate remedy in lieu of injunction –…
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PP 2007/12
How will the courts assess damages in “rights to light” cases if they decide to allow the infringement to remain? The decision in Tamares (Vincent Square) Ltd v Fairpoint Properties…
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Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd
Rights to light – damages
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PP 2007/10
The pace of an asset sale agreement often outstrips legal formalities where leasehold properties are changing hands. So contracts for sale of leasehold premises, which can usually be assigned only…
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Younger v Molesworth and another
Adjoining properties — Continuing nuisance — First defendant’s predecessor planting hedge close to boundary — Second defendant acquiring adjoining property — Claimant alleging damage caused by hedge — Expert evidence…
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Earle v Charalambous
Long lease — Landlord repairing covenants — Measure of damages — Judge assessing damages by reference to rack-rental value — Whether judge taking appropriate approach — Appeal allowed in part
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Talisman Property Co (UK) Ltd v Norton Rose
Commercial letting — Expiry of lease — Erroneous service of notice opposing grant of new tenancy — Solicitor admitting negligence — Assessment of damages — Loss of chance — Judge…
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Lunn Poly Ltd and another v Liverpool & Lancashire Properties Ltd and another
Shopping centre — Redevelopment — Tenancy of retail unit — Fire door bricked up by landlords in breach of covenant — Court refusing permanent injunction — Assessment of damages in…
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Horsford v Bird and others
Trespass — Damages in lieu of injunction — Basis for assessment — Whether aggravated damages appropriate — Value of expropriated land to respondent — Mesne profits — Appeal allowed
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Eliades and others v Lewis
Freezing order — Undertaking as to damages — Enforcement — Whether injunction wrongly made — Whether other special circumstances justifying non-enforcement — Claim dismissed
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Bella Casa Ltd v Vinestone Ltd and others
Defective refurbishment works — Claim for loss of use of property — General damages — Basis upon which damages awarded — Recoverability of service charges and utility payments
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Green and another v Alexander Johnson (a firm) and another
Negligent advice — Mitigation of loss — Causation — Barrister negligently advising landlords that lessee entitled to new leases — Proceedings compromised and leases granted — Assessment of damages –…