Chedington Events Limited v Nihal Mohammed Kamal Brake & Anor (Quantum trial consequential orders)
[2024] EWHC 11 (Ch)
Chedington Events Limited v Nihal Mohammed Kamal Brake & Anor
10 November 2023
[2023] EWHC 2804 (Ch)
High Court
Someone illegally stayed in a house and arena, preventing the owner from using it. The court ordered them to pay the rent they would have charged for that time, plus interest, because they didn't leave when asked and had the money to find somewhere else to live.
Key Facts
- •Chedington Events Ltd (Claimant) sued Nihal and Andrew Brake (Defendants) for trespass on their property (West Axnoller Farm) following the defendants' refusal to vacate after dismissal.
- •Defendants occupied the house and equestrian arena after termination of their employment.
- •A prior judgment established liability; this trial concerned quantum of damages.
- •Claimant initially sought various damages but ultimately pursued only mesne profits and interest.
- •Defendants challenged the claimed letting values and argued they would have moved to an adjacent cottage had they been offered proper settlement.
- •The Court of Appeal reversed a prior decision that the claimant's parent company lawfully evicted the defendants from the cottage.
- •Expert witnesses provided valuations for the house and arena, with differing approaches and conclusions.
- •The defendants had significant financial resources available during the trespass.
Legal Principles
Mesne profits are damages measured by the benefit obtained by the trespasser, not the claimant's loss. Ordinary letting value is typically used.
Swordheath Properties v Tabet [1979] 1 WLR 285, CA; Inverugie Investments Ltd v Hackett [1995] 1 WLR 713, PC
A trespasser's liability for mesne profits continues until they give up possession.
Merton LBC v Jones [2008] EWCA Civ 660
The burden of proof lies on the person making the assertion.
Robins v National Trust Company Ltd [1927] AC 515
Planning permission considerations are irrelevant if the use is lawful and no enforcement action can be taken.
Town and Country Planning Act 1990, s 171B
Issue estoppel prevents relitigating decided issues; attempting to do so may be an abuse of process.
BT Pension Scheme Trustees v BT plc [2011] EWHC 2071 (Ch)
Interest on damages is awarded to compensate for the delay in receiving payment.
London, Chatham and Dover Railway Co v South Eastern Railway Co. [1893] AC 429
A defendant's failure to address an allegation is considered an admission.
CPR rule 16.5(5)
Damages for trespass are assessed by reference to the value of the use wrongfully made of property, compensating for the loss of the value of the right to control its use.
Morris-Garner v One Step (Support) Ltd [2019] AC 649, SC
Outcomes
Claimant awarded £236,818.27 in mesne profits.
Based on the ordinary letting value of the house and arena, considering the period of trespass and relevant factors like amenity land and wedding venue impact.
Interest awarded at 8% per annum from the date of judgment and 3% from November 9, 2018 (house) and December 1, 2018 (arena).
Due to the defendants' wrongful actions and deliberate delay in vacating the property.
Defendants' argument that losses were caused by the claimant's parent company's actions, not their own trespass, rejected.
The claimant's parent company's actions did not cause the claimant's losses; defendants' own trespass did, and their argument regarding the cottage was not accepted.