Forsyth-Grant v Allen
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.
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