Trespass
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Cambridge City Council v Traditional Cambridge Tours Ltd and others
Trespass – Injunction – Punting – Claimant council applying for interim injunction against defendants preventing commercial punt operations on river – Whether defendants trespassing on claimant’s land – Whether activities…
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Shepherd v Collect Investments Ltd
Trespass Damages
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Shepherd v Collect Investments Ltd
Trespass – Damages – Rental value – Expert evidence – Respondent claiming damages for unlawful occupation of land – Respondent increasing claim for lost rental income – Court awarding damages…
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Farrar v Leongreen Ltd
Trespass – Mesne profits – Res judicata – Respondent being awarded mesne profits against appellant for occupation of flat as trespasser – Appellant contending that, by virtue of the principles…
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Farrar v Leongreen Ltd
Trespass Mesne profits
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There was no justification for allowing a trespasser to continue trespassing in return for a monetary payment.
The law on how the court decides whether to award damages instead of an injunction where property rights are infringed has changed significantly following Lawrence v Coventry [2014] UKSC 13;…
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Potel and another v Yeung
Trespass – Lease – Rights and reservations — Gap between ceiling of first-floor flat and floor of flat above designed to muffle noise and inhibit spread of fire – Lessee…
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Potel and another v Yeung
Trespass Lease
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Potel and another v Yeung
Trespass – Lease of flat – Works to convert building to flats resulting on creation of gap between ceiling of one flat and floor of flat above to muffle noise…
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Eaton Mansions (Westminster) Ltd v Stinger Compania de Inversion SA
Trespass – Damages – Quantum – Lessee of flats installing air-conditioning on roof of building – Presence of units amounting to trespass against headlessee of building – Appropriate measure of…
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The damages payable for trespass will depend on whether the trespass is temporary or permanent in duration
More and more tenants are using air conditioning to cool their buildings. However, some may discover that they cannot lawfully do so without a licence for alterations from their landlord.
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Eaton Mansions (Westminster) Ltd v Stinger Compania de Inversion SA
Trespass – Air-conditioning units – Damages – Respondent lessee of flats installing air-conditioning on roof of building – Presence of units held to constitute trespass against appellant as headlessee of…