TORTS — assessment of damages for trespass to land — damages sought by way of mesne profits — usual measure of market rent not adopted where defendants were paying a licence fee
COSTS — application for gross sum costs order — defendants unlikely to take part in costs assessment — no issue of principle — gross sum costs order made
Quick Take
1Where defendants in occupation as trespassers had been paying a licence fee prior to the trespass, the licence fee may be a more appropriate measure of mesne profits than market rent, as it better reflects the value of the occupation to the defendants in the property's existing state.
2A gross sum costs order is appropriate where the defendants have shown almost total neglect of their obligations in the proceedings and are unlikely to participate in a formal costs assessment, and the court applies a discount to the claimed costs to ensure fairness.
