Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 – Law Journals

Remedies: One small step

Gwendoline Davies explores Supreme Court case law on contractual damages ‘It is necessary for the court to consider post-breach events known at the assessment of damages if they are relevant to and affect the claimant’s loss.’ Commercial parties are generally aware that a breach of contract gives rise, in the majority of cases, to a …

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Insights by Penningtons Manches: Over the finish line?

Clare Arthurs and Nicole Finlayson consider Wrotham Park damages and how the range of circumstances in which they can be claimed has narrowed ‘The Supreme Court’s landmark decision in Morris-Garner offers authority, at the highest level, on a sometimes confusing line of cases, and a conceptually tricky area of law.’ In the week that the …

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Remedies: A walk in the park

Kayleigh Bloomfield looks at Wrotham Park damages ‘The Wrotham Park remedy attempts to quantify a sum which might reasonably have been negotiated between the parties as a quid pro quo for giving permission to the wrongdoer to act contrary to his or her contractual obligations.’ Restrictive covenants may be instinctively characterised as belonging to the …

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Post-Termination Restrictions: Winning damages in One Step

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …

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Restrictive Covenants: One step beyond?

Gary Freer examines a recent case in which the court awarded gain-based damages for breach of employees’ restrictive covenants ‘The Wrothan Park decision was an exception to what was then the general rule that damages based on the wrongdoer’s gain are not available to remedy a breach of contract.’ In claims for damages for breach …

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Damages: Park life

David Sawtell looks at the calculation of Wrotham Park damages It is reasonable for the court to look at the eventual outcome and to consider whether or not that is a useful guide to what the parties would have thought at the time of their hypothetical bargain where there has been nothing like an actual …

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Easements: How car parking easements can prevent development

Sarah Dawe reviews a case where at long last a right to park a car in a single, identifiable space has been upheld as an easement ‘A burdened landowner does not in general have the unilateral right to extinguish an easement over one area of land simply by providing an equivalent easement somewhere else.’ Car …

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Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!

Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …

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Restrictive Covenants: Not in my back yard!

Richard Bartle and Keith Shaw discuss how developers are restrained by the restrictive covenants that burden their land, with reference to recent case law and possible future developments ‘The courts have historically attempted to take a firm line with those who breach a restrictive covenant in full knowledge of its existence, particularly after the party …

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Rights Of Light: Heaney revisited

Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …

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