Dennis Regan v Paul Properties DPF No 1 Ltd and others (Record no. 77710)

MARC details
000 -LEADER
fixed length control field 02110cab a2200265 4500
001 - CONTROL NUMBER
control field ##L134918
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060911n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134918
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Dennis Regan v Paul Properties DPF No 1 Ltd and others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 1941 (Ch), 27 July 2006. Concerns whether an injunction or an award of damages was the appropriate remedy for the infringement of a claimant's right to light. R claimed injunctions and damages against P for an infringement of R's rights to light. P had constructed a five-storey building opposite R's home. Whereas P's surveyor had failed to detect any effect from the development on the daylight entering R's home, R's surveyor concluded that R's sitting room had suffered a 23% reduction in light. The loss in value to R's property was estimated at £5 000 whereas an adequate scaling-back in P's development would cost about £40 000. P contended that there was no established rule that where a room became less than 50% well lit a nuisance existed. R submitted that an injunction was the default position once an infringement had been found. "Held": judgment in part for claimant. An award of damages rather than an injunction was the appropriate remedy where a claimant's right to light had only been moderately infringed, the claimant could be compensated adequately by a small money payment and an injunction would have been oppressive to the defendant.
590 ## - LOCAL NOTE (RLIN)
Local note IKA190906
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element REGAN V PAUL PROPERTIES LTD AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element COLLS V HOME AND COLONIAL STORES 1904
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FISHENDEN V HIGGS AND HILLS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DEAKINS V HOOKINGS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KINE V JOLLY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO LTD 1895
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2006/1941.html">https://www.bailii.org/ew/cases/EWHC/Ch/2006/1941.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 11/09/2006   ONLINE PUBLICATION 134918-2001 06/08/2019 1 06/08/2019 Law report