Source: All England Reporter
Publisher Citation: [2006] All ER (D) 327 (Oct)
Neutral Citation: [2006] EWCA Civ 1319
Court: Court of Appeal Civil Division
Judge:

Mummery, Tuckey and Wilson LJJ

Representation Stephen Bickford-Smith (instructed by Child & Child) for the claimant.
  Andrew Francis (instructed by Dawsons) for the defendants.
Judgment Dates: 26 October 2006

Catchwords

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.

The Case

A claimant was prima facie entitled to an injunction against a person committing a wrongful act, such as continuing nuisance, which invaded the claimant's legal right.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.