“Where an owner of property was unable to use part of his property due to its misappropriation by another, it was not appropriate to award in addition to damages for loss of profits arising from the inability to use the property, damages for breach of trust and mesne profits, since those heads of damages overlapped.”
WLR Daily, 19th August 2011
Court of Appeal
“A tolerated trespasser was liable to pay mesne profits for overstaying in his former dwelling only up to the time he had decided to give up possession and removed his belongings, even if he had retained the keys and told the landlord of his decision much later.”
The Times, 3rd July 2008
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The liability of a tolerated trespasser to pay mesne profits to a former public landlord terminated when the tolerated trespasser had decided to give up possession and had removed his belongings from his dwelling house, and not at the time when the former landlords were formally notified that he was no longer in possession of the dwelling, even though the tolerated trespasser continued to retain the keys to the dwelling.”
WLR Daily, 17th June 2008
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.