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Summary
Two historical documents are referred to, the first involving an extensive review of case history on the assessment of damages, by the House of Lords (1995) in the cases of Ruxley v Forsyth and Laddingford Enclosures Ltd v Forsyth, and the other being an appeal in the case of Bryant v Macklin (2005). The crux of the matter, as summarised by the Lords in 1995, is that “where the expenditure was out of all proportion to the benefit to be obtained, the appropriate measure of damages was not the cost of reinstatement but the diminution in value…even if that would result in a nominal award”. This has implications for the methods used to assess the amount of damages as a result of accidental or deliberate damage to trees.