On 16 January 2020, the Court Appeal dismissed an application for permission to appeal by the Claimant (Clochfaen Estate Limited) against the decision of HHJ Jarman QC following a 4-day trial. The judgment may be found at  EWHC 1562 (Ch).
The action was one for damages for interference arising from development works carried out by the Defendants for the construction of a wind turbine farm near Llangurig, Powys, Wales. The Claimant contended that its valuable shooting rights had been infringed by the Defendants’ actions. The actions complained of included the operation of a substantial batching concrete plant, various compounds and the transportation of all concrete and wind turbine parts across the servient land. The Claimant chose not to apply for an interim injunction.
Whilst the Claimant succeeded at trial on the issue of liability, it was awarded only nominal damages of £100. The Court refused to award the Claimant negotiating damages pursuant to the Supreme Court decision of One Step (Support) Ltd v Morris-Garner  UKSC 20, and given the way the Claimant had historically licensed the use of its rights, an award of damages based upon diminution in value was also inappropriate.
Wilson Horne was instructed by Helen Evans of Hill Dickinson, and they represented the Fourth Defendant, Jones Bros. Ruthin (Civil Engineering) Company Limited at trial. The Fourth had provided all the civil engineering services in connection with the development. Unsurprisingly, the Fourth Defendant recovered its costs after trial.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Register now for our upcoming Court of Protection Conference!
The team is delighted to host this in-person confere… https://t.co/DbvLo1k1UX Kings Chambers 17 hours, 18 minutes ago..
Are you an established employment barrister looking to make your next move? Get in touch to join our expanding Empl… https://t.co/HFuDW7G8bE Kings Chambers 1 week, 6 days ago..
Join us in our first Kings Young Professionals webinar series - Bankruptcy back to basics
Register here:… https://t.co/58eZkCFV58 Kings Chambers 2 weeks, 5 days ago..
We're delighted to be attending the upcoming @FootprintPlus Conference in Brighton on the 7-9th June!
Get your ti… https://t.co/dEu7pUq7gf Kings Chambers 4 weeks ago..
We are pleased to announce that we have raised £4,000 for the @WoodSt_Mission #BooksForever Appeal. We have used th… https://t.co/8Q4kQnmyMg Kings Chambers 1 month ago..
© Copyright 2022 Kings Chambers. All rights reserved.