Court considers injunction in right to light claim

Table of contents

• Original news
• What was the background to the case?
• What was the issue before the Court of Appeal?
• What did the Court of Appeal decide on that issue, and why?
• How does the decision fit in with other developments in this area?
• What does the decision mean for developers?
• What should practitioners take from the judgment?

Article summary

Property analysis: A developer breaching a right to light can be enjoined rather than merely ordered to pay damages if its conduct was reprehensible. Rashpal Soomal, an associate director at Berwin Leighton Paisner, examines the Court of Appeal’s decision in Scandia Care v Ottercroft and explains how the developer’s poor behaviour inclined the court in favour of an injunction.