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ARTICLE · 19 OCTOBER 2015

Light At The End Of The Tunnel For Developers

Clyde & Co
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The grant of an injunction is a discretionary remedy and until the relatively recent Supreme Court's decision in Coventry v Lawrence the position on whether damages should be awarded instead of an injunction was uncertain...

United KingdomReal Estate and Construction
Keith Conway
Keith Conway
Armel Elaudais
Armel Elaudais
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Scott v Aimiuwu (unreported) is the first Court decision since the Supreme Court's judgment in Coventry v Lawrence (see our Real Estate Bulletin, April 2014) examining whether the Court should grant an injunction preventing development or order damages in lieu of injunction in relation to a rights to light claim.

Background

The grant of an injunction is a discretionary remedy and until the relatively recent Supreme Court's decision in Coventry v Lawrence the position on whether damages should be awarded instead of an injunction was uncertain but had moved somewhat against developers. The test was based on a 19th Century decision (Shelfer test) which established that damages rather than an injunction should only be granted in exceptional circumstances where:

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