Source: All England Reporter
Publisher Citation: [2010] All ER (D) 83 (Nov)
Neutral Citation: [2010] EWCA Civ 952
Court: Court of Appeal, Civil Division

Sullivan and Patten LJJ and Peter Smith J

Representation John Fuber QC (instructed by Thring Townsend Lee and Pembertons) for the claimant.
  Janet Bignell (instructed by Legal Department St Marylebone Property Co) for the defendant.
Judgment Dates: 15 July 2009


Advertisement - Sign - Trespass - Damages - Defendant being found guilty of trespass - Judge refusing application for split trial and assessing damages on restitutional basis - Claimant appealing - Whether judge should have ordered split trial - Whether measure of damages excessive.

The Case

Advertisement Sign. The Court of Appeal, Civil Division, held that that although an application for a split trial had been made late in the proceedings, it ought to have been acceeded to due to the paucity of evidence before the court regarding the basis on which damages was to be assessed.

Practice Areas

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