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15 April 2020 / Andrew Francis
Issue: 7883 / Categories: Features , Property
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Trouble with rights of light

Andrew Francis explains why the recent decision in Beaumont has importance beyond the world of rights of light

  • Reinforces the prima facie rule that the injunction is the starting point where property rights will be, or have been infringed.
  • Even if the loss of light is small and to badly lit offices, the remedy of the injunction is a real risk.

In a time of crisis we do not need more ‘bad news’. But a recent decision of the High Court is not exactly what might be hoped for when developing land, irrespective of problems coming from other quarters. But as Rudyard Kipling said in If, ‘If you can keep your head when all about you are losing theirs’ the lessons to be drawn from this decision, if learnt, will stand well for the future.

To set the scene, just over six years ago, the Supreme Court handed down the judgments in Lawrence v Fen Tigers [2014] AC 822, [2014] 2 All ER 622. Despite, or possibly because of

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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