Podcast Location:
Download it here [file size: 25.2 MB]
Categories:
Remedies & Enforcement
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to explore what happens when a breach is actionable but not sufficiently serious to warrant the grant of an injunction and instead damages are to be awarded in lieu of an injunction. It will look at how those damages are to be assessed and quantified and how the court has approached the issue in recent cases.

Outcomes:
After completing the course you will:
  • Know when the courts will order damages in lieu of an injunction in rights of light cases;
  • Be able to identify the main methods of quantifying such damages;
  • Understand how the court will decide which method to adopt;
  • Know how negotiating damages will be quantified in a right of light case;
  • Know the approach the court will take when considering the “hypothetical negotiation” and the assumed date it will be taken to have been conducted;
  • Appreciate the extent to which the parties to be taken to share the characteristics of the actual dominant and servient owner;
  • Know how the courts will determine the percentage of profits to be awarded.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • AMEC Developments Ltd v Jury’s Hotel Management (UK) Ltd [2002] TCLR 13;
  • Bracewell v Appleby [1975] 1 Ch 408;
  • Carr-Saunders v Dick McNeil Associates [1986] 1 WLR 923;
  • Chancery Amendment Act 1858;
  • Deakins v Hookings [1994] 1 EGLR 190;
  • Forsyth-Grant v Allen [2008] EWCA Civ 505, [2008] Env LR 41;
  • HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch);
  • Jaggard v Sawyer [1995] 1 WLR 269;
  • Jegon v Vivion (1871) LR 6 Ch App 742;
  • Lane v O’Brien Homes [2004] EWHC 303 (QB);
  • Lovery v Pursell (1888) 39 Ch.D 508;
  • Lunn Poly Ltd v Liverpool & Lancashire Properties Ltd [2007] L&TR 6;
  • Pell Frischmann Ltd v Bow Valley Iran Ltd [2011] Bus LR Digest D1;
  • Phillips v Homfray (1871) LR6 Ch App 770;
  • Senior Courts Act 1981;
  • Small v Oliver & Saunders (Developments) Ltd [2006] 3 EGLR 141;
  • Surrey v Bredero Homes Ltd [1993] 1 WLR 1361;
  • Tamares Ltd v Fairpoint Properties Ltd (No.2) [2007] 1 WLR 2173;
  • World Wide Fund for Nature v World Wrestling Federation Entertainment Inc [2006] EWHC 184 (Ch), [2006] FSR 663;
  • World Wide Fund for Nature v World Wrestling Fedn [2007] Bus LR 1252;
  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798;
  • Wynn-Jones v Bickley [2006] EWHC 1991 (Ch).
Tags:

In this podcast Tom Weekes from Landmark Chambers discusses quantifying damages in lieu in rights of light cases and how the quantum of the damages will be determined.

Podcast added: 22/07/2011

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