Rights to light: Court of appeal drives home the importance of good behaviour

The Court of Appeal sent out a very firm message on 6 July as to how developers must behave when negotiating with neighbouring owners regarding rights to light. The eagerly anticipated hearing of the appeal in Ottercroft v Scandia was cut-short with the Court giving short shrift to the developer’s arguments.  It is clear that bad behaviour on the part of a developer will make an injunction more likely.  This will be the case even if the facts might otherwise support an award of damages in lieu of an injunction. 

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