Forsyth-Grant v Allen and another
Dobson, Sally
Forsyth-Grant v Allen and another - 2008 - Estates Gazette (0815) 19 April 2008, 172(1) .
[2008] 15 EG 172(CS), 8 April 2008. The appellant (F) owned a hotel on land adjoining a site upon which the respondents (G) intended to develop. F raised several objections including a claim that such development would interfere with the right to light in the hotel. F claimed that the circumstances merited an order made with reference to G's profits and requested accounts. F then refused access to the hotel for the purposes of determination until a court order was made. An award was made based on loss of value due to loss of light. F appealed against the refusal to order an account of profits. "Held": The standard remedy was an award for damages. An account of profits was only applied in cases where a defendant had infringed the proprietary rights of the claimant. There were no such circumstances or other exceptional factors within this case. Appeal dismissed.
CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
STOKE-ON-TRENT CC V W & J WASS LTD
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
England and Wales--1543-
Forsyth-Grant v Allen and another - 2008 - Estates Gazette (0815) 19 April 2008, 172(1) .
[2008] 15 EG 172(CS), 8 April 2008. The appellant (F) owned a hotel on land adjoining a site upon which the respondents (G) intended to develop. F raised several objections including a claim that such development would interfere with the right to light in the hotel. F claimed that the circumstances merited an order made with reference to G's profits and requested accounts. F then refused access to the hotel for the purposes of determination until a court order was made. An award was made based on loss of value due to loss of light. F appealed against the refusal to order an account of profits. "Held": The standard remedy was an award for damages. An account of profits was only applied in cases where a defendant had infringed the proprietary rights of the claimant. There were no such circumstances or other exceptional factors within this case. Appeal dismissed.
CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
STOKE-ON-TRENT CC V W & J WASS LTD
AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
England and Wales--1543-