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The law of light

Andrew Francis examines why the rights of light law needs changing and what form such reform should take

What do the following events have in common? The coronation of Richard I in 1189. The second and third years of the reign of William IV in 1832. The signing of the Entente Cordiale in 1904. The opening of the first section of the M1 motorway in 1959. All these dates have a bearing on rights of light. It is extraordinary to reflect that they span over 750 years. The law of light cannot be described as having modern foundations.

Why is Reform Needed?

There are two reasons why reform is overdue. First, the way in which rights of light can arise is complex and fragmented. Secondly, the state of the law can be a disincentive to development, particularly in inner city regeneration projects.

Acquisition of the right

Most features are archaic. Prescription at common law must be founded upon enjoyment since 1189. That is not a promising start.

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
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As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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