||All England Reporter
|| All ER (D) 83 (Nov)
|| EWCA Civ 952
||Court of Appeal, Civil Division
Sullivan and Patten LJJ and Peter Smith J
||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.
||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.
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.
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