How Instructions Work
From initial review to resolution
Initial position review
You provide the property or portfolio details and any known development activity. We conduct an initial review to identify whether a rights of light position exists and whether it carries sufficient weight to pursue. This is without obligation.
- Property or portfolio details reviewed
- Preliminary light position assessment
- Indication of whether the position is actionable
Letter of Authority and engagement pack
If the initial review indicates a viable position, we issue a Letter of Authority and an engagement pack. The Letter of Authority allows us to instruct a chartered surveyor and, where appropriate, appoint specialist panel solicitors on your behalf.
- Letter of Authority issued
- Engagement pack with full terms
- Chartered surveyor instructed for Waldram analysis
Assessment and engagement
The chartered surveyor produces the rights of light analysis. If the position is actionable, our specialist property litigation panel, at a firm ranked in The Legal 500, is formally engaged under a conditional fee agreement. Legal insurance is arranged for the claim.
- Rights of light analysis completed
- Panel solicitors engaged under a conditional fee agreement
- Legal insurance arranged, no adverse costs risk to the owner
Resolution
The matter proceeds through negotiation, mediation or litigation. The developer is engaged directly. The structure remains fully funded throughout. The owner receives net recoveries. Terms are agreed per instruction and our fee is contingent on recovery.
- Negotiation, mediation or litigation
- Fully funded at every stage
- Owner receives net recoveries
Funding Structure
Fully funded. Contingent on recovery.
The structure is fully funded. Surveyor fees, solicitor costs, counsel fees, court fees and adverse costs risk are all covered. The owner pays nothing upfront and nothing if the claim does not succeed.
Terms are agreed per instruction. Our fee is contingent on recovery. If there is no recovery, there is no fee and no costs to the owner.
The owner receives net recoveries. The structure is designed so that institutional owners can enforce rights of light positions without allocating capital or carrying balance sheet risk.