Joseph W Horsford v Lester B Bird and others

[2006] UKPC 3 [2006], 17 January 2006. Considers the basis for assessing damages for trespass to land in place of an injunction to remove a wall built on the wrong boundary line. H appealed against the decision of the Court of Appeal of Antigua and Barbuda reducing his award of damages for trespass to land on the basis that no case for aggravated damages had been made out. Contractors building a new house for B had taken some of H's undeveloped land when erecting B's boundary wall and fence. H's request for an injunction to get the wall and fence removed was refused but B was ordered to pay a level of damages which included a substantial amount for aggravated damages. Subsequently CA took the view that no case for aggravated damages had been established. "Held": appeal allowed in part. The award of damages was set at EC Dollars 44 192. Nothing had been done to justify the award of aggravated damages. H was entitled also to mesne profits for the use of his land from November 1994 to February 2003.