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06 January 2012 / Malcolm Dowden , George Hobson
Issue: 7495 / Categories: Features , Environment , Property , LexisPSL
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Reversal of fortune?

George Hobson & Malcolm Dowden report on solar vulnerability

The government’s appeal against the High Court’s pre-Christmas ruling regarding its flawed consultation on feed-in tariff (FiTs) reductions for solar installations leaves in doubt the rates available to property owners who failed to beat the 12 December 2011 deadline. However, even property owners who beat the deadline and retained the higher rates cannot entirely relax. As well as the risk of future policy reversals, solar installations remain vulnerable, given the current law on easements, to neighbouring development.

There is no right to receive unrestricted sunlight for conversion into renewable energy. Consequently, neighbouring development could obstruct the passage of sunlight to solar panels and reduce the energy produced by them. Lawyers attempting to protect solar installations may seek either new restrictive covenants or, in some cases, even leases of airspace over neighbouring sites. Either approach can be expensive, time-consuming and difficult to negotiate.

Rights of light?

The law on rights of light has its roots in the need for light

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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