Dennis Regan v Paul Properties Ltd (1), Peter Lahaise (2), John Griston (3)
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 1319, 26 October 2006. Appeal by R against a decision ([2006] EWHC 1941 (Ch), L134918) to award him damages rather than a mandatory injunction for infringement of his right to light by P. "Held": appeal allowed. The judge had wrongly directed himself on the relevance of the parties' conduct to the exercise of his discretion. P had acted on wrong advice that there would be no infringement of R's right to light, but that should not prejudice the position of R, who had acted on correct advice. Therefore R should be awarded a mandatory injunction.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 135566-2001 |
[2006] EWCA Civ 1319, 26 October 2006. Appeal by R against a decision ([2006] EWHC 1941 (Ch), L134918) to award him damages rather than a mandatory injunction for infringement of his right to light by P. "Held": appeal allowed. The judge had wrongly directed himself on the relevance of the parties' conduct to the exercise of his discretion. P had acted on wrong advice that there would be no infringement of R's right to light, but that should not prejudice the position of R, who had acted on correct advice. Therefore R should be awarded a mandatory injunction.