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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Rights Of Light: Heaney revisited

Gemma Mills and Nick Lloyd discuss the court’s discretion to award damages in lieu of injunctive relief ‘In Heaney, the neighbouring owner was not criticised, nor prevented from obtaining an injunction, for failing to issue proceedings at an earlier stage.’In HKRUK II (CHC) Ltd v Marcus Alexander Heaney [2010], the Chancery Division: dismissed a developer’s …
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