000 01222cab a22002175a 4500
001 L137873
008 070503e20070427xxk f g 000 0 eng d
035 _a(Sirsi) u137873
041 0 _aeng
100 1 _aWilliams, Owen
245 0 0 _aShadowy speculation
260 _c2007
490 _aInside Housing
_v27 April 2007, 15(1)
520 _aComments on two recent legal cases concerned with the right to light. Both considered the possibility of damages being awarded to the plaintiff rather than an injunction. One case (L135566) established that the onus is on the developer to establish that damages are more appropriate. The other (L136793) set out ways of assessing the level of damages which should be awarded. This calculation is based on a judge's view of a hypothetical negotiation between the parties in which the plaintiff waives its right to light. The overriding consideration in such cases remains that the deal should feel right to the judge.
590 _aKA
650 2 4 _aREGAN V PAUL PROPERTIES LTD AND OTHERS
650 2 4 _aTAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY DEVELOPMENT
942 _n0
999 _c78733
_d78733