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The path to enlightenment?

01 March 2013 / Colin Oakley
Issue: 7550 / Categories: Opinion , Property
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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