||All England Reporter
|| All ER (D) 407 (Jul)
|| EWHC 1941 (Ch)
Stephen Smith QC sitting as a deputy judge of the High Court
||Stephen Bickford-smith (instructed by Child & Child) for the claimant.
||Andrew Francis (instructed by Dawsons) for the defendants.
||27 July 2006
Easement - Light - Interference with light - Defendants' development interfering with light to claimant's property - Claimant seeking mandatory injunction - Whether interference complained of amounting to nuisance - Whether interference entitling claimant to injunction.
In a case where the claimant alleged that the defendants' development had interfered with his right to light, and he sought a mandatory injunction requiring the defendants to dismantle their building works, the court ruled that there had been an actionable interference with the claimant's right to light but that the grant of the injunction would have been oppressive against the defendants. Accordingly, damages were awarded in lieu of the injunction.
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