Court of Appeal considers the assessment of restitutionary damages for trespass
The Court of Appeal held that a judge had erred in principle in awarding damages for trespass arising out of an advertising hoarding intruding into the airspace of neighbouring land on the basis of the entirety of the income the trespasser had earned from its advertising licensee during the period of trespass. A split trial on quantum should have been ordered, so as to give consideration to more appropriate bases for damages, such as a reasonable licence fee negotiated between the parties on a hypothetical basis, or taking into account the expenses incurred in operating the hoarding. Janet Bignell, who did not appear at the trial below, represented the successful appellant.
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