Injunctions: Importance of good conduct

A ‘right to light’ case has lessons for developers wishing to avoid an injunction. Rashpal Soomal explores the nature of the court’s discretion ‘What the Supreme Court has in mind is a sophisticated exercise that requires much more than the traditional “one-size-fits-all” approach to the exercise of injunction discretion.’Any professional advising developers in particular needs …
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Injunctions And Rights Of Light: A more balanced approach

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 …
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Rights Of Light: Questions and answers – part 5

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 …
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Rights Of Light: Questions and answers – part 4

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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Rights Of Light: Questions and answers – part 2

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 …
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Rights Of Light: Questions and answers

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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Development Disputes: Injunctions post-Coventry v Lawrence

Douglas Rhodes considers the wide-ranging implications for property developers of the Supreme Court’s decision in Coventry v Lawrence ‘Led by Lord Neuberger, the Supreme Court unanimously decided that it was “quite simply wrong in principle” to apply the Shelfer test in a mechanical fashion and found that a much more flexible approach was necessary.’ Courts …
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Case And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …
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Rights Of Light: A perfect opportunity for reform

Nick Lloyd reviews the Law Commission’s proposals and their likely impact Despite what are welcome changes of emphasis in the statutory test, developers may still be concerned that the continued wide discretion will still lead to what is perceived to be an inconsistent approach by the court to the exercise of that discretion. The Law …
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Easements: How car parking easements can prevent development

Sarah Dawe reviews a case where at long last a right to park a car in a single, identifiable space has been upheld as an easement ‘A burdened landowner does not in general have the unilateral right to extinguish an easement over one area of land simply by providing an equivalent easement somewhere else.’ Car …
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