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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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