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) | [record pending: EV-0066]; Form 1C [record 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 |