Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298
“The correct approach to the assessment of damages on a landowner’s claim against a council in respect of its tenants’ trespasses was the hypothetical negotiation approach, based on what the council would have paid on a hypothetical negotiation between the claimant and the council for the grant to the council of the necessary rights.”
WLR Daily, 1st September 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
