Rights to light recent decisions [electronic resource]
Language: English Series: RICS Feature ; 4 July 2007 Publication details: 2007Subject(s): Online resources: Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 140201-2001 |
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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.