Wrotham Park Estate Company Ltd v Parkside Homes Ltd

JurisdictionEngland & Wales
CourtChancery Division
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212 cases
  • Winter and Another v Traditional & Contemporary Contracts Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 November 2007
    ...share approach is well recognised in civil proceedings for breach of restrictive covenants. A classic example is Wrotham Park Estate Co v Parkside Homes Ltd [1974] 1 WLR 798. In that case a developer had built a number of houses in breach of a covenant. Brightman J refused to grant a mandat......
  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ...has suffered no loss. 15To these exceptions to the general rules in tort must be added the decision of Brightman J. in Wrotham Park Estate Co. Ltd. v. Parkside Homes Ltd. [1974] 1 WLR, 798. In that case the first defendants had erected houses and constructed roads in breach of a restrictiv......
  • Low Yat Holdings Sdn Bhd and Another; Templeton and Others
    • Malaysia
    • High Court (Malaysia)
    • Invalid date
  • Karen Morris-Garner and Another v One Step (Support) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 March 2016
    ...remedy for the breaches which the judge had found. It sought either an account of the appellants' profits from their wrongdoings or Wrotham Park damages, being the amount which would notionally have been agreed between the parties, acting reasonably, as the price for releasing the appellant......
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5 firm's commentaries
  • Energy Litigation Update: Measure of Damages for Breach of a Contract to Drill Exploratory Oil or Gas Well: U.S. and English Law.
    • United Kingdom
    • JD Supra United Kingdom
    • 4 June 2014
    ...would be to award so-called “Wrotham Park” or “negotiating” damages, named after the decision in Wrotham Park Estate Co v Parkside Homes [1974] 1 WLR 798, where damages are measured by reference to the benefit gained by the wrongdoer from the breach of contract. In that case, the defendant ......
  • Bad news for jackpot damages: Wrotham Park and the Supreme Court
    • United Kingdom
    • JD Supra United Kingdom
    • 25 April 2018
    ...Click here to download PDF. 1 Pronounced "Rootam" and named after Wrotham Park Estate Company Limited v Parkside Homes Limited [1974] 1 WLR 798. 2 Marathon Asset Management LLP v Seddon and others [2017] EWHC 300 (Comm), paras 282-283. 3One Step (Support) Ltd v Morris-Garner [2014......
  • Rights To Light: Are Injunctions A Thing Of The Past?
    • United Kingdom
    • Mondaq UK
    • 13 May 2015
    ...1 Peter Scott and Frances Scott v Peter Aimiuwu and Catherine Aimiuwu [2015] 2 Wrotham Park Estate Co Limited v Parkside Homes Limited [1974] 1 WLR 798 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
  • Theft of confidential information results in only nominal damages for employer
    • United Kingdom
    • JD Supra United Kingdom
    • 23 March 2017
    ...at GBP 15 million. Marathon asked the court to assess damages using the approach in Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798, where the court employed the concept of a 'hypothetical bargain' between the parties to license the invasion of the claimant's right. In that......
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10 books & journal articles
  • Claims for the value of the lost contractual performance
    • Australia
    • University of Western Australia Law Review Nbr. 45-1, June 2019
    • 1 June 2019
    ...Ltd v Houghton (Supreme Court (NSW), Cowdroy AJ, 13 November 1996, unrep), discussing Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 in relation to assessing damages for wrongful use of common property and Bunnings Group Ltd v CHEP Australia Ltd [2011] NSWCA 342; (2011) 82......
  • It's time exemplary damages were part of the judicial armory in contract
    • Australia
    • University of Western Australia Law Review Nbr. 40-1, December 2015
    • 1 December 2015
    ...Corporation v Skibs A/S Avanti (The Siboen and The Sibotre) [1976] 1 Lloyd's Rep 293. 180The Law Commission, above n 17, 1.288. 181[1974] 2 All ER 321. 182Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 2 All ER 321 at 342. 183[2003] 1 AC 449. 184A v Bottrill [2003] 1 AC 449 at 465. ......
  • Reconsidering Disgorgement for Wrongs
    • United Kingdom
    • The Modern Law Review Nbr. 62-2, March 1999
    • 1 March 1999
    ...cases where the plaintiff has suffered no financial harm: see eg,Surrey CC vBredero Homes Ltd [1993] 1 WLR 1361, 1369 per Steyn LJ.37 [1974] 1 WLR 798.38 Under Lord Cairns’ Act, in lieu of an injunction requiring demolition of the houses. Probably too littleattention is given to the role of......
  • UNJUST ENRICHMENT IN AUSTRALIA: WHAT IS(N'T) IT? IMPLICATIONS FOR LEGAL REASONING AND PRACTICE.
    • Australia
    • Melbourne University Law Review Vol. 43 Nbr. 3, April 2020
    • 1 April 2020
    ...AC70. (136) Restrictive covenants are the main example: see the line of cases running from Wrotham Park Estate Co v Parkside Homes Ltd [1974] 1 WLR 798 (England and Wales High Court, Chancery Division). But see A-G v Blake [2001] 1 AC 268, 284 (Lord Nicholls) {'Blake'). In One Step (Support......
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