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01 March 2013 / Colin Oakley
Issue: 7550 / Categories: Opinion , Property
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The path to enlightenment?

Colin Oakley outlines the thorny issues that can arise from rights to light & the Law Commission’s attempts to address them

There has been a glut of writing on rights to light since the High Court’s decision in HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch), and the effect that it has had on the development industry and those who advise it.

This article is not primarily about Heaney, although it is possible that it would not have been written had that case never been litigated—or indeed had it progressed to an appeal. Instead, this article is about the Law Commission’s recent consultation paper on rights to light.

The Law Commission’s project on rights to light grew organically from its work on the general law of easements, covenants and profits à prendre. That project culminated in a 2011 report containing our recommendations for reform and a draft bill to implement them, to which we await the government’s response. During the course of our earlier project it became clear—even before Heaney—that

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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