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ARTICLE · 14 APRIL 2014

A Ray Of Light For Developers: Injunctions vs Damages

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The Law Commission’s proposals for reforming rights of light are showing no signs of making any speedy progress.

United KingdomReal Estate and Construction
Emma Humphreys
Emma Humphreys

With the Law Commission's proposals for reforming rights of light showing no signs of making any speedy progress, it is no surprise that there have been grumblings from developers and those advising them about the potential for the current narrow and inflexible constraints to hinder the recovery of our property market. Fortunately, the Supreme Court appears to have heard these complaints and it recently took the opportunity in Coventry v Lawrence (2014) - a claim about noise nuisance rather than rights of light – to signal that the recent decisions of the courts on assessing whether to grant an injunction have taken a wrong turn.

Recent history

The difficulties with the law in this area started with the first Court of Appeal decision on rights of light since 1975 - Regan v Paul Properties DPF No.1 Ltd (2007). In that case, the Court confirmed that an injunction should be the primary remedy where there has been an infringement of a property right and applied the

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