Shadowy speculation
Williams, Owen
Shadowy speculation - 2007 - Inside Housing 27 April 2007, 15(1) .
Comments on two recent legal cases concerned with the right to light. Both considered the possibility of damages being awarded to the plaintiff rather than an injunction. One case (L135566) established that the onus is on the developer to establish that damages are more appropriate. The other (L136793) set out ways of assessing the level of damages which should be awarded. This calculation is based on a judge's view of a hypothetical negotiation between the parties in which the plaintiff waives its right to light. The overriding consideration in such cases remains that the deal should feel right to the judge.
REGAN V PAUL PROPERTIES LTD AND OTHERS
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
England and Wales--1543-
Shadowy speculation - 2007 - Inside Housing 27 April 2007, 15(1) .
Comments on two recent legal cases concerned with the right to light. Both considered the possibility of damages being awarded to the plaintiff rather than an injunction. One case (L135566) established that the onus is on the developer to establish that damages are more appropriate. The other (L136793) set out ways of assessing the level of damages which should be awarded. This calculation is based on a judge's view of a hypothetical negotiation between the parties in which the plaintiff waives its right to light. The overriding consideration in such cases remains that the deal should feel right to the judge.
REGAN V PAUL PROPERTIES LTD AND OTHERS
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
England and Wales--1543-