Mesne profits are damages measured by reference to the benefit obtained by the trespasser rather than the actual loss suffered by the claimant and so there is no need to show that premises could or would have been let.
The High Court considered such a claim in Chedington Events Ltd v Brake and another [2023] EWHC 2804 (Ch), part of the wide-ranging litigation between the parties.
The defendants ran a weddings and events business on behalf of the claimant at West Axnoller Farm, Dorset. They used equestrian facilities, particularly a covered arena, for stabling and exercising their horses and stayed in the main house (then called Axnoller House) when it was not required for an event. When there was an event, they stayed in a nearby cottage, of which they were two of the three legal owners.
In November 2018, the defendants were dismissed from their positions but refused to leave the house or to remove their horses from the equestrian facility. In particular, they refused to move back to the cottage. The claimant sought possession on the basis that the defendants occupied the house and arena on a bare licence which had been determined on reasonable notice. Orders for possession were granted in February 2022.
The claimants sought mesne profits – or damages for the defendants’ use and occupation of the house and arena – by reference to their letting value or alternatively the value in monetary terms of the benefit received by the defendants, plus interest. The defendants’ claims that the arena was unlettable because it had no planning permission for commercial purposes and was unsafe were dismissed. The land had always been used for commercial purposes and no other permission was required for the use and training of horses there. It was now too late for planning regulation enforcement to take place. Offers by the defendants to move to the cottage were not serious offers to vacate the house and so did not reduce the losses sustained by the claimant.
The proximity of the house to the wedding/party venue merited a 25% discount on its ordinary letting value to take account of the extra traffic and disturbed nights. The arena was to be valued as an equestrian facility because that is what the defendants used it for. The house was valued at £36,000 per annum from November 2018 to November 2021 and £45,000 thereafter and the arena at £33,000 per annum. The combined award of damages was £236,818.27 with interest at 8% under section 17 of the Judgements Act 1838.
Louise Clark is a property law consultant and mediator
