Record#
Page ID: 5298 · Title: Damages, Losses & Costs Quantification · Evidence status: ESTIMATE / CONDITIONAL — sources per line · Version: 1.0.1 · Editing Protocol
About this page type → Read the Docs#damages
Constraint |
Entry |
|---|---|
Status |
Figures are indicative until valued by a RICS surveyor and reviewed by a solicitor. |
Law |
England and Wales (applies in Wales). |
Money |
Today’s £ (latest data: HPI Jul 2026; rents Aug 2026; Bank Rate Oct 2026). |
Conditions |
No damages head is unconditional. Each needs title re-established, a register mistake proven, or fraud proven. |
Totals |
Routes B1, B2 and C are alternatives. Do not add them. |
Links |
Business Case · Project Plan — cost table · Evidence Register · Reparations Schedule & Proposed Apportionment (heads of loss, pursuit-cost ledger, proposed shares, opportunity to remedy) |
Summary#
# |
Head |
Legal basis |
Low |
Central |
High |
Status |
|---|---|---|---|---|---|---|
1 |
Loss of the land (Parcel A) |
Sch 8 para 6; Smith New Court [1997] AC 254 |
£621,000 |
£2,809,000 |
£4,096,000 |
ESTIMATE · CONDITIONAL |
2 |
Mesne profits v BP, Dec 1988–Nov 1993 |
Trespass; LA 1980 s.2, s.32 |
£15,100 |
£16,600 |
£20,800 |
ESTIMATE · CONDITIONAL |
3 |
Indemnity, register not rectified (incl. interest) |
LRA 2002 Sch 8; LRR 2003 r.195 |
£165,100 |
£746,700 |
£1,350,000 |
CONDITIONAL |
4 |
Deceit: land + loss of use 1988–2026 + interest |
Smith New Court; Doyle v Olby [1969] 2 QB 158 |
£1,030,000 |
£3,305,000 |
£4,981,000 |
CONDITIONAL |
4d–e |
Aggravated / exemplary damages |
Archer v Brown [1985] QB 401; Rookes v Barnard [1964] AC 1129; Kuddus [2001] UKHL 29 |
TBC |
TBC |
TBC |
CONDITIONAL |
5 |
Distress, 5 persons |
Shelley v Paddock [1980] QB 348 |
£63,000 |
£125,800 |
£188,500 |
ESTIMATE · CONDITIONAL |
5c |
Personal injury |
Medical evidence |
— |
— |
— |
PENDING |
6 |
Consequential (livestock, business, contents) |
Smith New Court |
TBC |
TBC |
TBC |
TBC |
7 |
Interest |
s.35A SCA 1981; s.69 CCA 1984; r.195 |
in 2–4 |
in 2–4 |
in 2–4 |
QUANTIFIED (basis) |
8 |
Sion’s time as litigant in person |
CPR 46.5; PD 46 para 3.4 |
£6,480 |
£13,000 |
£25,900 |
ESTIMATE (hours TBC) |
9 |
Project costs to date and to come |
CPR 46.5(3)(a)(ii); Sch 8 para 3 |
— |
— |
see Plan |
Totals by route#
Route |
Heads |
Low |
Central |
High |
Condition |
|---|---|---|---|---|---|
A |
8 (+9) |
£6,480 |
£13,000 |
£25,900 |
Unconditional on fraud/rectification. Needs a costs order. Gmail time proxy ≈200–203 h composing time (ESTIMATE) ≈ £4,870 at £24/h: a floor, see head 8. |
B1 |
1 + 2 + interest on 2 + 8 |
£661,900 |
£2,866,000 |
£4,202,000 |
Title restored (judgment set aside or register rectified), no fraud finding. |
B2 |
3 + 8 |
£171,600 |
£759,600 |
£1,376,000 |
Register mistake proven; not rectified. |
C |
4 + 5 + 8 |
£1,099,000 |
£3,444,000 |
£5,196,000 |
Fraud proven. Plus 4d–e, 5c, 6 (TBC). Replaces B1/B2. |
1. Loss of the land#
Item |
Value |
Source |
|---|---|---|
Parcel A area |
≈10 acres (4.05 ha) |
Mary (Nancy) Williams, formerly Buckler, statement c.1974, on The Two Parcels; “10-acre” block [EV-0075]; “ten-acre site” [EV-0106] |
Parcel A parts |
house/garden; woodland; south-east ground (VG41) |
Three Parts of Parcel A (family reconstruction). Areas of each part: TBC |
Parcel B |
≈9 acres; not quantified |
Mary (Nancy) Williams, witness statement c.1974 (Mary (Nancy) Williams testimony): retained by Bute, “given up later” (The Two Parcels); 1939 plan [EV-0023] |
Built on site |
20 detached houses, 92/00671/RES |
|
Church View Close, CF64 2NN |
nos. 1–20, detached; 16 new-build sales Feb 1995–Apr 1997, mean £120,906 |
HMLR Price Paid: Church View Close, Penarth. Same site as [EV-0135]: count and dates match; plan match TBC |
Recent sales |
No.14 £480,000 (28 Jun 2021); No.6 £528,000 (24 Oct 2024) |
|
Vale detached, Jul 2026 |
avg £539,042; index 106.1 |
|
House value today (low / central / high) |
£528,000 / £551,929 / £605,565 |
2024 sale as sold / 2024 sale indexed / 2021 sale indexed (Vale detached HPI) |
Land share of developed value |
20% / 25% / 33% |
ESTIMATE: residual-method range; valuer to set |
Cross-check |
Penarth residual £1.7m/ha (2010, 40% affordable, 40 dph); ×1.80 Vale HPI 2010→Jul 2026 ≈ £3.06m/ha |
Vale of Glamorgan Viability Study 2010 para 3.13ff; index ESTIMATE |
Undeveloped remainder |
≈6 acres |
ESTIMATE: 10 acres less built plots; TBC by plan |
Agricultural value |
£6,100 / £8,200 / £9,900 per acre |
Savills, GB Farmland, Summer 2025: England poorer pasture / GB average / England prime arable, H1 2025; Wales values unchanged H1 2025 |
Line |
Method |
Low |
Central |
High |
|---|---|---|---|---|
1a Developed value (context; not a loss) |
20 × house value |
£10,560,000 |
£11,039,000 |
£12,111,000 |
1b Development land |
1a × land share |
£2,112,000 |
£2,760,000 |
£4,037,000 |
1c Remainder (woodland, green) |
6 acres × £/acre |
£36,600 |
£49,200 |
£59,400 |
1d Existing-use value (alternative) |
Vale detached avg + 10 acres × £8,200 |
£621,000 |
— |
— |
Head 1 |
Low = 1d; central/high = 1b + 1c |
£621,000 |
£2,809,000 |
£4,096,000 |
Dependencies: title re-established (1987 judgment [EV-0080] set aside, or register rectified). LA 1980 s.15 (12 years to recover land) and s.17 (title extinguished), unless Limitation Act 1980 s.32 postpones. s.32(3): no recovery of property or its value from an innocent purchaser for value (current owners). Rectification against a proprietor in possession needs consent unless Sch 4 para 3(2)/6(2) applies (LRA 2002 Sch 4).
2. Mesne profits / loss of use#
Item |
Value |
Source |
|---|---|---|
Rent, Vale, Aug 2026 |
detached £1,341/month; 4+ bed £1,478/month |
|
High case |
£1,848/month |
ESTIMATE: 4+ bed +25% (10-room farmhouse with garden; no ONS series) |
Backcast |
rent(t) = rent(Aug 2026) × Wales HPI(t) ÷ Wales HPI(Jul 2026) |
UK HPI, Wales; constant-yield assumption: ESTIMATE |
Dispossession |
29/30 Nov 1988 |
|
BP in possession to |
3 Dec 1993 (transfer to Ideal Homes) |
|
Woodland and VG41 ground |
taken 4 Jul 1955 (family reconstruction) |
Three Parts of Parcel A. Loss of use: TBC (no grazing-rent source) |
Line |
Period |
Low |
Central |
High |
|---|---|---|---|---|
2a Against BP |
Dec 1988 – Nov 1993 |
£15,100 |
£16,600 |
£20,800 |
2b Full period (deceit measure; used in Head 4) |
Dec 1988 – Oct 2026 |
£308,800 |
£340,300 |
£425,400 |
2c Last 6 years only (no s.32) |
Nov 2020 – Oct 2026 |
£89,700 |
£98,900 |
£123,600 |
Legal basis: mesne profits are damages for trespass by a person in possession without right, measured at the ordinary letting value (Inverugie Investments v Hackett [1995] 1 WLR 713). Dependencies: title re-established; claim lies against whoever was in possession (BP 1988–93; Ideal Homes 1993–95; homeowners after); LA 1980 s.2 (6 years) unless s.32.
3. Rectification and indemnity#
Rule |
Effect |
|---|---|
LRA 2002 Sch 4 paras 2–3, 5–6 |
Register may be rectified to correct a mistake; not against a proprietor in possession without consent unless fraud/lack of care or unjust not to. |
LRA 2002 Sch 8 para 1(1)(a) |
Indemnity for loss caused by rectification (runs to whoever loses on rectification). |
Sch 8 para 1(1)(b), para 6(b) |
Mistake not rectified: indemnity value capped at value when the mistake was made. |
Sch 8 para 5 |
No indemnity for own fraud; reduced for own lack of proper care. |
Sch 8 para 3 |
Costs only if incurred with the registrar’s consent. |
Sch 8 para 8 |
Simple contract debt: 6 years from when the claimant knew or ought to have known. |
Simple interest. Before 10 Nov 2008: judgment-debt rate. From 10 Nov 2008: Bank Rate + 1%. None for periods without due diligence (r.195(3)). |
Item |
Value |
Source |
|---|---|---|
Date of suspected mistake |
23 Feb 1983 (first registration, WA240304) |
[PENDING: EV-0066]; Form 1C [PENDING: EV-0063]; schedule [EV-0161] |
Law in force in 1983 |
Land Registration Act 1925 |
Transitional application of Sch 8 to a 1983 mistake: solicitor to confirm (TBC) |
Index Feb 1983 → Jul 2026 |
8.5 → 106.5 (×0.0798) |
|
Judgment-debt rate |
12% to 15 Apr 1985; 15% to 31 Mar 1993; 8% from 1 Apr 1993 |
8%: SI 1993/564. 12% and 15%: ESTIMATE (orders not opened) |
Bank Rate |
monthly series; 3.75% Oct 2026 |
Line |
Method |
Low |
Central |
High |
|---|---|---|---|---|
3a Rectified |
Land returned: value = Head 1 |
— |
— |
— |
3b Value at 23 Feb 1983 |
Head 1 × 0.0798 |
£49,600 |
£224,200 |
£327,000 |
3c Interest, r.195 |
Low/central from 1 Dec 1988 (loss date ESTIMATE); high from 1 Mar 1983 |
£115,500 |
£522,500 |
£1,023,000 |
Head 3 |
3b + 3c |
£165,100 |
£746,700 |
£1,350,000 |
4. Deceit (CONDITIONAL on fraud)#
Line |
Basis |
Low |
Central |
High |
|---|---|---|---|---|
4a Land — CONDITIONAL |
Head 1 |
£621,000 |
£2,809,000 |
£4,096,000 |
4b Loss of use 1988–2026 — CONDITIONAL |
Line 2b |
£308,800 |
£340,300 |
£425,400 |
4c Interest on 4b — CONDITIONAL |
Senior Courts Act 1981 s.35A: Bank Rate / +1% / 8% |
£99,900 |
£156,100 |
£459,400 |
4d Aggravated — CONDITIONAL |
Archer v Brown [1985] QB 401 |
TBC |
TBC |
TBC |
4e Exemplary — CONDITIONAL |
Rookes v Barnard cat. 1 (oppressive acts of government servants) or 2 (conduct calculated to profit); Kuddus [2001] UKHL 29 |
TBC |
TBC |
TBC |
Head 4 |
4a + 4b + 4c |
£1,030,000 |
£3,305,000 |
£4,981,000 |
Measure: all loss directly flowing from the fraud, including consequential loss (Smith New Court v Scrimgeour Vickers [1997] AC 254; Doyle v Olby [1969] 2 QB 158). 4e cat. 2 is measured against the defendant’s profit: developed value £11,039,000 (1a) less land and build cost; build cost not held (TBC). Dependencies: fraud proven to the civil standard; 1987 judgment set aside (Takhar v Gracefield [2019] UKSC 13; RBS v Highland [2013] EWCA Civ 328); Limitation Act 1980 s.32(1)(a) runs from discovery or reasonable diligence; s.32(3) bars recovery of property or its value from innocent purchasers; no double recovery with Heads 1–3.
5. Personal harm#
Item |
Value |
Source |
|---|---|---|
Law |
Distress recoverable in deceit (Shelley v Paddock [1980] QB 348); in contract only within Watts v Morrow [1991] 1 WLR 1421 and Farley v Skinner [2001] UKHL 49; aggravated damages in tort (Head 4d). |
|
Analogy |
Vento bands: £1,300–£12,600; £12,600–£37,700; £37,700–£62,900 |
Vento bands, Ninth Addendum (2026). Employment tribunal only; analogy, not a tariff |
Persons |
5: William, Branwen and three children |
[EV-0106]. Living claimants / estates: TBC |
Per person |
£12,600 / £25,150 / £37,700 |
ESTIMATE: Vento middle band floor / midpoint / top |
Line |
Low |
Central |
High |
Status |
|---|---|---|---|---|
5a Distress × 5 |
£63,000 |
£125,800 |
£188,500 |
ESTIMATE · CONDITIONAL |
5b Personal injury (William taken to Llandough Hospital after eviction, Nov 1988) |
— |
— |
— |
PENDING: medical evidence |
6. Consequential losses#
Loss |
Status |
Note |
|---|---|---|
Livestock |
TBC |
No wiki record found (searched: livestock, cattle, sheep, horses, pigs, dairy). |
Farm or other business income |
TBC |
Sion to supply. |
Contents, belongings, removal, storage |
TBC |
Sion to supply. |
Rehousing (bus, 1989; rent paid since) |
TBC |
Press, 1989 (Master Timeline); amounts not held. |
7. Interest#
Basis |
Rule |
Used in |
|---|---|---|
Simple interest at the rate the court thinks fit, from cause of action to judgment (High Court). |
2, 4c |
|
Same power in the county court. |
2, 4c |
|
Judgments Act 1838 s.17 |
8% from 1 Apr 1993 (SI 1993/564); runs after judgment. Used here only as the high sensitivity. |
4c high |
Indemnity interest (above). |
3c |
|
Monthly average of daily Bank Rate, 1983–Oct 2026. |
3c, 4c |
8. Sion’s time as litigant in person#
Rule |
Effect |
|---|---|
CPR 46.5(2) |
Costs capped at two-thirds of what a legal representative would have been allowed (not half). |
CPR 46.5(4)(a); PD 46 para 3.2 |
Proven financial loss for time reasonably spent; written evidence served 24 hours before the hearing. |
CPR 46.5(4)(b); PD 46 para 3.4 |
No proven loss: £24 per hour (was £19 before 1 Oct 2025). |
CPR 46.5(3)(a) |
Only work and disbursements a lawyer would have been allowed for. |
CPR 44.2 |
Costs are discretionary; a costs order in Sion’s favour is required. |
Item |
Value |
Source |
|---|---|---|
Earliest dated email |
16 Aug 2016, from Sion’s address |
16 Aug 2016 (Date header) |
Archive |
585 records; 227 texts readable; 111 with a Date header; 91 sent by Sion (2016: 1; 2025: 15; 2026: 75) |
email.bucklerfamily.estate, read 18 Oct 2026 |
Dated items by month |
2016-08 1 · 2024-02 1 · 2025-10 2 · 2025-11 14 · 2025-12 1 · 2026-01 4 · 2026-02 49 · 2026-03 3 · 2026-04 3 · 2026-05 17 · 2026-10 16 |
same |
Sustained period |
5 Oct 2025 – 18 Oct 2026 = 54 weeks |
first dated item of the current run, same archive |
Hours per week |
TBC (Sion). ESTIMATE 5 / 10 / 20 |
|
Gmail time proxy (ESTIMATE) |
488 case emails sent, 23 Mar 2016 – 18 Oct 2026; 477 in the run from 1 Oct 2025 (47 active weeks, ≈239,600 words). Composing time at 20 words/min: ≈200 h (run from Oct 2025), ≈203 h (all years) → ≈£4,870 at £24/h. Floor only: excludes research, archive visits, FOIs, calls and wiki work. A proxy, not a timesheet; some 2026 emails were drafted with AI help. |
Sion’s Gmail, read-only count, 18 Oct 2026 (I-015) |
Cap illustration |
⅔ × £142 = £94.67/h (Grade D); ⅔ × £295 = £196.67/h (Grade A) |
Guideline hourly rates 2026, National 1 (Cardiff Inner) |
Line |
Formula |
Low |
Central |
High |
|---|---|---|---|---|
8a £24 limb, 54 weeks |
hours/week × 54 × £24 |
£6,480 (270 h) |
£12,960 (540 h) |
£25,920 (1,080 h) |
8b Proven-loss limb |
hours × proven hourly loss, ≤ ⅔ lawyer-equivalent |
TBC |
TBC (ceiling at 540 h: £51,120–£106,200) |
TBC |
8c 16 Aug 2016 – 4 Oct 2025 |
hours × £24 |
TBC |
TBC |
TBC |
Recoverable |
Not recoverable |
|---|---|
Time reasonably spent on work a lawyer would do in the proceedings, after a costs order. |
Time without a costs order in Sion’s favour. |
Pre-action work only so far as it is costs of and incidental to the proceedings later brought. |
General research, campaigning, FOI and wiki work not tied to the proceedings. |
Disbursements (official copies, court fees). |
Other family members’ time (not Sion’s costs). |
Indemnity route: costs incurred with the registrar’s consent (Sch 8 para 3). |
Indemnity route: costs without that consent, unless urgent or later approved. |
9. Project costs#
Costs to date and to come: Project Plan — cost table. Recoverable as disbursements only under a costs order (CPR 46.5(3)(a)(ii)); on the indemnity route only with the registrar’s consent (Sch 8 para 3).
Inputs needed from Sion#
Input |
Used in |
|---|---|
Hours per week and periods worked; any lost earnings with evidence |
8 |
Medical evidence (William; any family member) |
5b |
Livestock, business, contents, removal, rehousing costs |
6 |
Living claimants and estates (grant of representation) |
5, 4 |
Plan areas of the three parts of Parcel A |
1, 2 |