Rights of Light

Scott v Aimiuwu

We provided Rights of Light advice to Mr & Mrs Scott, the affected neighbour. In this case, Mr & Mrs Aimiuwu proposed to extend their property, the result of which was a reduction to the amount of natural light to Mr & Mrs Scott’s property.

Mr & Mrs Aimiuwu contended that the affected rooms were of a ‘secondary’ nature and that the remedy of an injunction would be too harsh. Mr & Mrs Scott contended that the loss of light would have a genuine impact on their working lives and future remodelling of their house could mean the affected areas would be ‘primary’ accommodation and the court should consider restrictions of the flexibility of options available to them.

The court decided that an injunction would not be too harsh a remedy and that the injury could be compensated adequately with money.

Forsyth-Grant v Allen

We provided Rights of Light advice to Mr Allen, the developer, who was constructing a pair of semi-detached houses next to a hotel, the affected property.

On our advice, the development was set back at third storey level but we remained concerned that it could still have an adverse effect on the hotel and reasonable compensation was offered. The hotel owner was not content with the amount offered and took the matter to court.

The court originally awarded a relatively small amount of compensation to the owner of the hotel, in respect of trespass and a Right to Light injury.

The hotel owner then took the matter to the Court of Appeal and they held that the amount of damages is limited to the damage done to the dominant owner by way of loss of lit area or a share of the developer’s profit. It is not calculated by way of an account of profits and the conduct of the claimant will influence the amount of the claim.