A recent Privy Counsel case involved some land in the West Indies where one neighbour (the Prime Minister) wrongfully built on another neighbour’s land. In assessing damages, the PC decided that the damages should reflect the benefits enjoyed by the defendant – rather than simply the claimant’s loss (ie the mere value of the land). Thus, the extra value added to the defendant’s property should be taken into account, as well as the fact that the defendant was not being forced to rebuild the party wall in the correct place, whilst at the same time he will have had the use and enjoyment of the land whilst the dispute was going to court. All of those factors should be taken into account (ie it is not merely what the land is worth to the dispossessed owner). Moreover, in the right circumstances, aggravated damages may be awarded (if the neighbour goes ‘about the building of his wall and the enhancement of his property in a high-handed manner and with a cynical, if not total, disregard for the rights’ of the neighbour). Horsford v Lester Bird [2006] UKPC 3.