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Trouble with rights of light

15 April 2020 / Andrew Francis
Issue: 7883 / Categories: Features , Property
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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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The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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