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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Rights To Light: A final resolution of the injunction debate?

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 …
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