The recent decision in the case of Beaumont Business Centres Ltd v Florala Properties Ltd makes clear that developers of city centre buildings should not assume that the Courts will not grant an injunction for breach of rights of light where they have completed construction of offending works. In such circumstances, Developers should ensure that they resolve any such claims before commencing work.

This case involved the construction of a six floor of the Defendant’s building. Evidence showed that even though the Claimant’s building was mostly badly lit to start with, the effect of the extra floor showed a substantial interference amounting to a nuisance.

The Court made a declaration that, subject to the joining of the occupier of the new premises in the action, the Claimant was entitled to an injunction that the Defendant’s premises be cut back, or negotiating damages of £350,000.00 in lieu.

Should you have any questions with regard to rights of light, please contact Peter Collier.