The High Court’s decision in Cooper v Ludgate House Ltd [2025] EWHC 1724 (Ch) has brought much-needed clarity to rights of light disputes, as Andrew Francis of Serle Court explains in this week's NLJ
The court ruled that light from land designated under s 203 of the Housing and Planning Act 2016 should be excluded from loss assessments, a novel legal point. It also reaffirmed the Waldram method as the standard for measuring light loss.
Despite finding actionable interference from the 19-storey Arbor building, the court declined to order demolition, awarding £3.75m in negotiating damages instead. The judgment provides a structured approach to calculating such damages, rejecting ‘ransom’ logic in favour of realistic, evidence-based valuation. It also offers a ‘sense check’ via capital value loss estimates.
This decision is a significant addition to nuisance law, offering guidance on both new and longstanding issues in property disputes.
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