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Damages - account of profits

This page refers to two cases that deal with a claim for an account of profits (sometimes known as "restitutionary damages") - one in trespass and the other in nuisance arising out of an interference with the right to light. In neither case was the claim successful.

See also damages in lieu of an injuntion.


Trespass

Severn Trent Water Ltd v Barnes
[2004] EWCA Civ 570; [2004] 26 EG 194

The claimant was awarded £500 for loss of a bargaining opportunity after a trespass by a water authority but was refused damages equivalent to loss of development value (£100,000) and "restitutionary damages" ie. the price for the benefit obtained by a defendant for the wrongful use of the claimants property in circumstances where no injunction was sought. There is a useful discussion in the case of the applicable principles.


Breach of right to light

Forsyth-Grant v Allen
[2008] EWCA Civ 505

Summary

As the law currently stands, it is not possible to claim an account of prof ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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