On 8th July 2025 Mr Justice Fancourt handed down
his long awaited judgment in Cooper v Ludgate House
Ltd [2025] EWHC 1724 (Ch). This article summarises the
facts and judgment and examines the implications.
The claimant leaseholders owned flats which were in a building
near to a new 19-storey office building (Arbor) owned by the
defendant. Mr Cooper alleged that his principal bedroom suffered an
actionable reduction in light from Arbor and Mr Powell that his
living room was affected. Both sought an injunction requiring the
defendant to demolish substantial parts of Arbor or damages of the
diminution in value of their flats caused by the nuisance.
The claim was affected by the fact that new buildings were
planned for the site but as a result of resolution under s.203
Planning Act 2016 the developer was entitled to build the remainder
of the development notwithstanding the admitted interference with
the adjoining owners' right to light. The claimants submitted
that
