Wills & Trusts Law Reports | Summer 2023 #191The claimant was married to Graham Jennison (the deceased) who died domiciled in New South Wales on 11 July 2007. He left a will dated 16 August 2006 appointing the claimant as sole executrix. Probate was granted to the claimant on 15 May 2008 in New South Wales (NSW) (the grant).
The proceedings, in respect of alleged breaches of trust, were issued on 18 February 2019 by the claimant as personal representative of the deceased. The particulars of claim relied upon the grant. The defence pleaded that it was not admitted that the grant conferred jurisdiction to the claimant in respe...
Wills & Trusts Law Reports | Summer 2018 #172The second defendant company was the registered proprietor of property in England. It was dissolved in 2003, and the property was subsequently sold by the Crown as bona vacantia in July 2012. In October 2012 the deceased, who had been the sole shareholder and director of the second defendant, died. The first claimant claimed to be his widow and a beneficiary upon intestacy. The second claimant was the deceased’s son and beneficiary of a will. The first defendant claimed to be the son of the deceased, but paternity was disputed.
In 2013 the first defendant applied to resto...
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 …
Continue reading "Easements: The right to light and trees"
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What is and what is not a consent under s3 of the Prescription Act 1832 can be a tricky question to answer, as Andrew Francis finds out ‘Quite apart from whether the provision is a consent within s3, another commonly encountered issue is whether the provision can bind, or benefit, successors in title.’ Section 3 …
Continue reading "Rights To Light: A trick of the light"
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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 …
Continue reading "Rights Of Light: Questions and answers – part 4"
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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 …
Continue reading "Rights Of Light: Questions and answers – part 2"
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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 …
Continue reading "Case And Legislative Round-Up: Keeping up to date"
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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 …
Continue reading "Rights Of Light: A perfect opportunity for reform"
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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 …
Continue reading "Rights Of Light: Heaney revisited"
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