Trespass to Land in UK Law

Leading Cases
  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • Court of Appeal
    • 14 Oct 2008

    It follows that the categories of damages identified above are not mutually exclusive. User damages can be restitutionary: they can be awarded where the claimant has suffered no loss and on the basis that the defendant is ordered to pay a sum by reference to the gain he would otherwise make.

  • Burris v Azadani
    • Court of Appeal
    • 27 Jul 1995

    But it may be clear on the facts that if the defendant approaches the vicinity of the plaintiff's home he will succumb to the temptation to enter it, or to abuse or harass the plaintiff; or that he may loiter outside the house, watching and besetting it, in a manner which might be highly stressful and disturbing to a plaintiff.

  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • Court of Appeal
    • 29 Jul 1988

    The first and best established exception is in trespass to land. It originated in the way-leave cases, where the defendant trespassed by carrying coals along an underground way through the plaintiff's mine.

    In all the other cases, the plaintiff having established his loss, the real question has not been whether substantial damages should be awarded at all, but whether they should be assessed in accordance with the user principle or by reference to the diminution in value of the property or right. In other words, those other cases are exceptions to the second, but not to the first, of the general rules stated above.

    It is an established principle concerning the assessment of damages that a person who had wrongfully used another's property without causing the latter any pecuniary loss may still be liable to thaqt other for more than nominal damages. In general, he is liable to pay, as damages, a reasonable sum for the wrongful use he has made of the other's property.

  • The Mayor and Burgesses of the London Borough of Enfield v (1) Outdoor Plus Ltd (2) J C Decaux (UK) Ltd
    • Court of Appeal
    • 09 May 2012

    I fully accept that any ability on the part of a trespasser to achieve the object of the trespass by alternative means is a factor which must be taken into account in the hypothetical negotiation. The alternative must, however, be one which is consistent with the trespass and which can co-exist with it.

  • SmithKline Beecham Plc v Apotex Europe Ltd
    • Court of Appeal
    • 23 May 2006

    Care must be taken before extrapolating the views expressed in the Polaroid and Peaudouce cases into a rule of law or practice applicable to other cases. The facts in those cases were not typical and questions of recoverability of damages could have been crucial. However it must be remembered that the grant of an interlocutory injunction is a discretionary remedy that should be available to prevent injustice.

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Books & Journal Articles
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Law Firm Commentaries
  • Public Liability Insurance And Environmental Risks
    • Mondaq United Kingdom
    • 17 de Octubre de 2007
    ......loss of or damage to property...nuisance, trespass to land or trespass to. goods or interference with any easement right of ......
  • Q&A: The Extent Of A Right Of Way To Use Vehicles
    • Mondaq UK
    • 31 de Julio de 2020, is that trespass, or is there an implied right to open. such door?. Answer. Trespass to d is a tort which includes physically entering or. remaining on land in the possession of another or placing an object. on or projecting over ......
  • Public Liability Insurance: Cover For Environmental Clean Up Costs
    • Mondaq United Kingdom
    • 17 de Octubre de 2007
    ...... for damages in respect of …damage to property… nuisance trespass to land or interference with any easement right of air light water or ......
  • Do Public Liability Policies Clean Up?
    • Mondaq United Kingdom
    • 5 de Julio de 2007
    ...... person (b) accidental loss of or damage to Property (c) nuisance trespass to land or trespass to goods or interference with any easement right of ......
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