- Podcast Location:
- Download it here
[file size: 20.3 MB]
- Law Categories:
-
Property Law
- CPD Points:
- Up to one point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors and Barristers...
Regulated by the Solicitors Regulation Authority:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25 - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute accreditation test)
- Streaming Audio:
-
Yes
Downloadable as MP3:
Yes
- Contributor(s):
-
- Course Aims:
-
The CPDcast will be useful to any barrister who deals with cases involving the infringement of property rights. It identifies the situations where damages are available, discusses the relationship between damages and the award of an injunction, examines the limitations of the remedy, and considers how the Courts assess what damages should be awarded. An overview of the key cases and recent decisions is given, and practical advice is given to lawyers as to how the Courts will assess any claim for damages.
- Outcomes:
- After completing the course you will:
- Understand the situations in which damages are available for the infringement of property rights;
- Understand the relationship between the award of an injunction and the remedy of damages in this situation;
- Have received practical advice on the limitations of the remedy of damages;
- Understand the implications where cases have multiple actual or potential claimants;
- Have learnt how to assess what damages a Court will award.
- Accredited CPD Time:
- 30 minutes
- Level:
- Intermediate
- Sources and References:
-
- Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798;
- WWF-World Wide Fund for Nature v World Wrestling Federation Entertainment Inc [2008] 1 All ER 74;
- Jaggard v Sawyer [1995] 1 WLR 269;
- Attorney-General v Blake [2001] 1 AC 268;
- Experience Hendrix LLC v PPX Enterprises Inc [2003] 1 All ER (Comm) 830;
- Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361;
- Crestford Ltd v Tesco Stores Ltd [2005] 3 EGLR 25;
- Top Shop Precincts Ltd v Kwik Save Stores Ltd [2001] EWCA Civ 149;
- Lunn Poly Ltd v Liverpool & Lancashire Properties Ltd [2006] 2 EGLR 29;
- Midtown Ltd v City of London Real Property Co Ltd [2005] 1 EGLR 65;
- Small v Oliver & Saunders (Developments) Ltd [2006] 3 EGLR 141;
- Tamares (Vincent Sq) Ltd v Fairpoint Properties (Vincent Sq) Ltd [2007] 1 EGLR 26;
- Amec Developments Ltd v Jury's Hotel Management (UK) Ltd [2001] 1 EGLR 81;
- Gafford v Graham [1998] 3 EGLR 75.
In this podcast, we interview Alan Johns, a barrister at Maitland Chambers, on the subject of damages for interference with property rights. The interview covers the situations where property right have been infringed, without any significant effect on the value of the property affected. The CPDcast in particular considers the award of Wrotham Park damages.
Download this CPDcast