Interference with rights to light—claimants receive a substantial award based on negotiating damages (Cooper v Ludgate House)
Property Disputes analysis: It is perhaps unsurprising that an injunction was refused in Cooper v Ludgate House where the level of harm caused by loss of light was not at the higher end of the scale and the damage done to the defendant developer and to the public interest (which both parties accepted should be taken into account) would be entirely disproportionate. The High Court confirmed that negotiating damages remained available for the loss of the rights to enforce an easement after the case of One Step (Support) Ltd v Morris-Garner and awarded £500,000 and £350,000 to the claimants respectively. This was very considerably less than the £3-£3.7m that was sought by the claimants, and considerably more than the diminution in value of each property at around £60,000 and £20,000. Consequentials are being addressed in October 2025 and it will be interesting to see the decision on costs and whether either party wishes to appeal. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.