David Schmitz considers how the principles in Coventry v Lawrence on nuisance and the character of the area might best be applied ‘The confusion in this case is also the result of Lord Neuberger’s unelaborated suggestion that an iterative process be used.’ Among the many questions tackled by the Supreme Court in Coventry v Lawrence …
Continue reading "Nuisance: Neighbourhood watch"
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David Schmitz considers how to approach nuisance cases where the character of an area has changed ‘It must be remembered that the principal question, nuisance or no nuisance, will not be determined solely by whether the activity in question is in keeping with the character of the locality or not.’ In Coventry v Lawrence [2014], …
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Andrew Skelly reviews the jurisdiction to award damages in lieu of an injunction ‘The judgment in Peires arguably marks a departure from the approach in Coventry when applying the balancing exercise between the right of a person to the undisturbed enjoyment of their property against the right of another person to use their own property …
Continue reading "Remedies: A helicopter flight from Coventry"
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James Souter reviews a case highlighting the importance of conduct of the parties when considering whether an injunction or damages is the most appropriate remedy ‘The well-advised developer will seek to ensure they can show the court they have behaved reasonably should they find themselves in front of a judge.’The development industry will be watching …
Continue reading "Rights To Light: A final resolution of the injunction debate?"
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Wills & Trusts Law Reports | July/August 2015 #151In the early 1990s, Mr Pugachev founded the JSC Mezhdunarodniy Promyshlenniy Bank (the bank) in Russia. It became one of Russia’s largest privately owned commercial banking groups. On 4 October 2010, the Russian Central Bank revoked its banking licence and appointed a ‘temporary administration’ and on 30 November 2010 it was declared insolvent by the Russian court and placed into temporary administration. The state corporation ‘Deposit Insurance Agency’ (the DIA) was appointed as liquidator. Mr Pugachev left Russia for London in 2011. The Russian liquidation of the bank was recognised by...
Stephen Bickford-Smith and Keith Shaw discuss a recent case which has brought a fairer approach to when injunctions will be granted ‘From now on, while the default position remains that an injunction should be granted, courts must apply the law more flexibly, taking into account all the circumstances.’ Mr Heaney owned the former Yorkshire Penny …
Continue reading "Injunctions And Rights Of Light: A more balanced approach"
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Andrew Francis reviews the Law Commission’s report and draft bill on rights to light, published at the end of last year ‘The draft bill, coupled with the 2011 Bill, ought to be the subject of urgent scrutiny by the Department for Communities and Local Government and brought before Parliament without delay. But it seems unlikely …
Continue reading "Rights Of Light: Questions and answers – part 5"
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In the fourth of his continuing series, Andrew Francis considers how rights of light can be overriden, their abandonment and remedies in case of dispute ‘Ultimately whether there has been abandonment will be a question of evidence and the mere existence of blocked-up apertures is not the end of the story.’ Question 1 How can …
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How is light measured, how are damages assessed and how is an actionable interference established? Andrew Francis answers some pertinent questions relating to rights of light ‘The ultimate question will be whether the reasonable beneficial use and enjoyment of the room (or the building) is affected.’ Question 1 How is light measured in rights of …
Continue reading "Rights Of Light: Questions and answers – part 2"
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In the first of a series of articles, Andrew Francis provides answers to some common questions ‘Rights of light are not the same as daylight and sunlight assessment for planning purposes, so rights of light need to be assessed even before any planning assessment, let alone any planning application, is made.’ Question 1 What is …
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