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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Remedies: A helicopter flight from Coventry

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 …
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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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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 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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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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Noise Nuisance: The Supreme Court rules

Daniel Gatty reviews the outcome of the decision in Coventry v Lawrence and its implications for nuisance claims ‘Does the grant of planning permission change the character of the neighbourhood in a way that makes lawful what would otherwise be a nuisance? In the Supreme Court’s view, the answer to that question will usually be …
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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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