Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch), [2007] All ER (D) 103 (Feb)
The court summarised the principles applicable to the assessment of damages for loss of the ability to prevent an infringement of a right to light:
(i) The court must attempt to find what would be a fair result of a hypothetical negotiation between the parties.
(ii) The context, including the nature and
seriousness of the breach, should be kept in mind.
(iii) The right to prevent a development (or part) gives the owner of the right a significant bargaining position. (iv) The owner of the right with such a bargaining position would normally be
expected to receive some part of the likely profit from the development.
(v) If there is no evidence of the likely profit, the court may award a suitable multiple of the damages for loss of amenity.
(vi) If there is evidence of the likely the profit, the court should normally award a sum which takes into account a fair percentage of the profit.
(vii) The size of the award should not be so large that the development would not have taken place had such a sum been payable.
(viii) The court should consider whether the deal feels right.
