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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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TORT

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.

 

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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