Rights to light [electronic resource] recent decisions
DeLaney, Caroline
Rights to light recent decisions [electronic resource] - 2007 - RICS Feature 4 July 2007 .
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.
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
REGAN V PAUL PROPERTIES LTD AND OTHERS
England and Wales--1543-
Rights to light recent decisions [electronic resource] - 2007 - RICS Feature 4 July 2007 .
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.
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
REGAN V PAUL PROPERTIES LTD AND OTHERS
England and Wales--1543-