Commercial Claim, Central London

Background

A commercial property owner in London contacted us regarding a new development next door that threatened to interfere with their light. The development was progressing rapidly, raising concerns about the substantial impact on their property's light and, consequently, its rentability and value.

Legal issue

The primary legal issue was whether the development would cause a significant enough reduction in light to justify legal action. The challenge was to establish that the interference was actionable and to determine the appropriate remedy, be it compensation or an injunction.

Assessment & proceedings

We conducted a comprehensive analysis, including light surveys and a cutback model, to quantify the potential impact on our client's property. The results showed a substantial reduction in light, making the case actionable. To protect our client's position, we issued proceedings before the 12-month interruption period lapsed.

The litigation involved detailed evidence gathering, court directions, and strategic cost judgments. Our proactive approach ensured that we remained ahead in the proceedings, pressuring the developer to consider mediation. Relevant case law included HKRUK II (CHC) Ltd v. Heaney [2010] EWHC 2245 (Ch), which dealt with the grant of mandatory injunctions and the criteria for awarding damages in lieu of an injunction.

Outcome

After several months of back-and-forth negotiations, we reached mediation. Our thorough preparation and compelling evidence led to a settlement significantly exceeding traditional compensation expectations. Our client received over £300,000, reflecting the substantial interference with their rights to light.

Conclusion

This case illustrates the importance of timely legal intervention and detailed analysis in rights to light disputes. Our proactive strategy and comprehensive preparation secured a favourable outcome, significantly compensating our client and protecting their property rights.