Regan v Paul Properties [2006] EWHC 1941 (Ch); [2006] EWCA Civ 1391 – Law Journals

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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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 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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Rights Of Light: Questions and answers

In the first of a series of articles, Andrew Francis provides answers to some common questions ‘Rights of light are not the same as daylight and sunlight assessment for planning purposes, so rights of light need to be assessed even before any planning assessment, let alone any planning application, is made.’ Question 1 What is …

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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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Trespass: The correct award

Stephen Bickford-Smith and Keith Shaw report on a recent decision in which the rule on buyout damages has been applied to trespass ‘The decisions are not outwith the main trend of modern cases, which, after a period when there was some support for the view that injunctions should be a weapon of last resort, have …

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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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