Stadium Capital Holdings v St Marylebone Properties Co Plc [2010] EWCA Civ 952

Stadium had erected on the wall of its building an advertising hoarding which overhung into the airspace above Marylebone Properties’ adjoining building. Marylebone claimed damages for trespass. The judge at first instance found that the hoarding did constitute a trespass and awarded Marylebone damages equivalent to the whole of the income which Stadium had earned from the hoarding during the period of the trespass. Stadium appealed.  

The Court of Appeal allowed the appeal. It held that the damages awarded by the judge were at the very top end of an award for damages for trespass and should be reserved for the most serious of cases. In most cases, damages should be based upon a reasonable fee for occupation of the land by the trespasser. The case was remitted to the judge for reconsideration of damages.