Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2006] EWHC 3589 (Ch); [2007] EWHC 212 (Ch)

Rights Of Light: Questions and answers – part 3

Andrew Francis deals with the more complex rules that lie behind the topics covered in the first two rights of light Q&As ‘Enjoyment may be asserted by lessees even against their own landlord. This rule is unique to rights of light asserted under s3.’ Question 1 What technical rules apply to the acquisition of a …

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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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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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