Restitution Discussion Group Archives
| Sender: |
Charles Mitchell |
| Date: |
Fri, 14 May 2004 09:09:00 +0100 |
| Re: |
Severn Trent Water Ltd v Barnes [2004] EWCA Civ 570 |
D statutory water authority lays pipe across corner of
farmer C's land without paying compensation. When C finds out he sues
for trespass and recovers (1) compensatory damages, which broke down into
(a) amount that would have been awarded as compensation by Lands Tribunal
and (b) extra amount to reflect fact that C wrongly thought his land had
development potential and that D would have been willing to pay him a
bit extra rather than argue about it, and (2) 'restitutionary damages'
assessed as a 'barely appreciable' percentage of D's profits made as a
result of the trespass. In CA 'restitutionary damages' award overruled
on ground that it overlapped with the compensatory damages award - per
Potter LJ at 36:
the financial advantage to Severn Trent
in proceeding without payment was no more than the mirror image of the
financial disadvantage to Mr Barnes of being kept out of money properly
payable to him as from the date when it fell due. Available on-line at http://www.bailii.org/ew/cases/EWCA/Civ/2004/570.html
Charles
Dr Charles Mitchell tel: 020 7848 2290
Reader in Law
Director of Postgraduate Taught Programmes
School of Law
King's College London
Strand
London WC2R 2LS
fax: 020 7848 2465
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