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HKRUK II (CHC) Ltd v Marcus Alexander Heaney [electronic resource]

Language: English Publication details: 2010Subject(s): Online resources: Summary: [2010] EWHC 2245 (Ch), 3 September 2010. Considers the granting of an injunction to prevent interference with an adjoining owner?s rights of light or whether damages would be an adequate remedy - the first important reported case involving a completed scheme. Claimant HK's commercial scheme in Leeds blocked defendant HE's light. HK sought to prevent an injunction in favour of HE and wanted to pay damages instead as an injunction would mean changing HK's building. "Held": in favour of defendant HE. HE was given the injunction and did not have to accept damages that he did not want.

[2010] EWHC 2245 (Ch), 3 September 2010. Considers the granting of an injunction to prevent interference with an adjoining owner?s rights of light or whether damages would be an adequate remedy - the first important reported case involving a completed scheme. Claimant HK's commercial scheme in Leeds blocked defendant HE's light. HK sought to prevent an injunction in favour of HE and wanted to pay damages instead as an injunction would mean changing HK's building. "Held": in favour of defendant HE. HE was given the injunction and did not have to accept damages that he did not want.