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20 February 2013
Issue: 7549 / Categories: Legal News
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Right to light study

Law Commission consultation studies balance between landowners' rights & public interest

The Law Commission has launched a consultation this week into the “right to light”.
Landowners have rights to receive natural light through specified apertures on their land, and owners of land burdened with those rights cannot erect buildings that would block the light without the holder’s consent.

The consultation studies the balance between landowners’ rights and the public interest. It also looks at the creation, enforcement and extinguishment of the right.

Currently, court disputes over building works are dogged by uncertainty and can drag on for years.

The consultation’s proposals include introducing a statutory notice procedure requiring landowners to tell developers within a specified time if they are going to seek an injunction to block building work and changing the law so that rights to light can no longer be acquired by prescription.

Professor Elizabeth Cooke, the Law Commissioner leading the project, says: “There is a public interest in the development of the modern, high quality residential, office and commercial development that we need in our town and city centres. This project examines a difficult area where a balance is needed between the rights of different landowners.”

Issue: 7549 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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