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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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