Colls v Home & Colonial Stores Ltd [1904] UKHL 1

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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Easements: The right to light and trees

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Raymond Cooper explores whether trees which interfere with a right to light can give rise to a cause of action in nuisance or otherwise ‘A right to light can be created in a number of ways, the commonest of which are express or implied grant and common law or statutory prescription.’ Although there is no …

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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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