Damages awarded in Kendall Freeman’s ‘right to light’ fight

Kendall Freeman last week saw its ‘right to light’ upheld in the High Court, but was unable to prevent Land Securities from building opposite its Fetter Lane offices.

The firm sought an injunction in November against the property company after it emerged that Land Securities was planning to erect an 18-storey building in Fetter Lane.

Kendall Freeman says the 691,000sq ft building will block light from its own nine-storey premises. Land Securities obtained planning permission for the development last year.

In a judgment handed down by Mr Justice Peter Smith on Thursday (20 January), Kendall Freeman and its landlord were awarded damages and £50,000 in costs. But Land Securities is still able to proceed with the new building as the firm failed in its application for an injunction.

Permission to appeal was not granted, and Kendall Freeman has a fortnight to decide whether to apply for permission to seek the injunction in the Court of Appeal.

Laurence Harris, Kendall Freeman’s managing partner, said: “We’re pleased that the court has upheld our right to light. We are, however, disappointed that we were not awarded an injunction, but only damages in lieu of an injunction.”

Anne Waltham of Wragge & Co advised Kendall Freeman, instructing John McGhee QC of Maitland Chambers. Jim Cotter of Nabarro Nathanson acted for Land Securities, with Falcon Chambers’ Paul Morgan QC as counsel.