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

Project Plan — cost table

—

—

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

[EV-0127] [EV-0135]

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)

HMLR Price Paid: Church View Close, Penarth

Vale detached, Jul 2026

avg £539,042; index 106.1

UK HPI, Vale of Glamorgan

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

ONS, Housing prices in the Vale of Glamorgan

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

Master Timeline; [EV-0106]

BP in possession to

3 Dec 1993 (transfer to Ideal Homes)

Land Registry Titles

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.

LRR 2003 r.195

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)

UK HPI, Wales

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

BoE Bank Rate

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

Senior Courts Act 1981 s.35A

Simple interest at the rate the court thinks fit, from cause of action to judgment (High Court).

2, 4c

County Courts Act 1984 s.69

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

LRR 2003 r.195

Indemnity interest (above).

3c

BoE Bank Rate

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