Tag Archives: rights of light

The need for good PR in rights of light cases

In Scandia Care Ltd and another v Ottercroft Ltd [2016] the developer planned a ground floor café with flats above. This included a new fire escape staircase.

The new staircase obscured the light to the neighbouring restaurant’s kitchen windows.

The restaurant applied for an injunction to get the staircase removed at a cost to the developer of £6,000 even though the loss of light was valued at a mere £886.

The Court of Appeal was unimpressed by the attitude and behaviour of the developer, whose director was thought to have acted in a peremptory and unneighbourly way.

He built the staircase in the face of legal threats knowing it would affect the light and inconsistently with undertakings not to infringe the neighbour’s light, at a time when the neighbour was not there to stop it.

The Court of Appeal therefore awarded an injunction instead of damages and in part as a deterrent to others.

This blog as been posted out of general interest. It does not replace the need to get bespoke legal advice in individual cases.