Image from Google Jackets

Rights to light recent decisions [electronic resource]

By: Contributor(s): Language: English Series: RICS Feature ; 4 July 2007 Publication details: 2007Subject(s): Online resources: Summary: Discusses two recent rights to light cases. In "Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd" ([2006] EWHC 3589 (Ch), L136179, [2007] EWHC 212 (Ch), L136793) the court applied the rule in "Shelfer v City of London Electric Lighting Co Ltd" ([1895] 1 Ch 287) and concluded it would be oppressive to grant an injunction, and awarded damages of £50 000, just below 30% of the developer's profits. In "Regan v Paul Properties Ltd" ([2006] EWCA Civ 1319, L135566), an injunction was granted by the CA as the developer had taken a risk in continuing after Regan's complaint, even though it had received incorrect advice.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 140201-2001

Discusses two recent rights to light cases. In "Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd" ([2006] EWHC 3589 (Ch), L136179, [2007] EWHC 212 (Ch), L136793) the court applied the rule in "Shelfer v City of London Electric Lighting Co Ltd" ([1895] 1 Ch 287) and concluded it would be oppressive to grant an injunction, and awarded damages of £50 000, just below 30% of the developer's profits. In "Regan v Paul Properties Ltd" ([2006] EWCA Civ 1319, L135566), an injunction was granted by the CA as the developer had taken a risk in continuing after Regan's complaint, even though it had received incorrect advice.