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Let there be light! recent rights of light cases and the implications for developers

By: Language: English Series: Lovells Real Estate Quarterly ; June 2007, 1-4(4)Publication details: 2007Subject(s): Summary: Examines recent legal rulings which have given right to light claims a significant boost against the buying power of developers. Until recently most developers preferred to pay damages costs, as this was the expected outcome of any rulings in against them. Tamares V Fairpoint Properties (L136179) showed that damages may be considered appropriate, rather than an injunction. However, Regan V Paul Properties (L135566) showed that if objections are lodged early enough, the granting of an injunction may be the more appropriate ruling. The level of damages awarded to Tamares (L136793) also serves as a warning to developers.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L138722 (Browse shelf(Opens below)) 1 Available 138722-1001

Examines recent legal rulings which have given right to light claims a significant boost against the buying power of developers. Until recently most developers preferred to pay damages costs, as this was the expected outcome of any rulings in against them. Tamares V Fairpoint Properties (L136179) showed that damages may be considered appropriate, rather than an injunction. However, Regan V Paul Properties (L135566) showed that if objections are lodged early enough, the granting of an injunction may be the more appropriate ruling. The level of damages awarded to Tamares (L136793) also serves as a warning to developers.