Supreme Court makes encouraging noises for developers
The Supreme Court in Coventry v Lawrence has altered the approach that courts will take when considering whether to grant injunctive relief or damages. It has also confirmed the possibility of an easement for the right to emit noise and examined how relevant a planning permission is in an action for nuisance.
At the forefront of developers’ minds in recent years has been whether the courts will enforce rights of light by injunction (potentially to reduce the height of a planned building or to order it to be partially demolished) or damages (to compensate the party whose rights have been infringed).
Developers used to be able to agree compensation with the help of the select few specialist rights-of-light surveyors, and with little recourse to lawyers, but this approach was unseated by Regan v Paul Properties and HKRUK v Heaney…
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