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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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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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