Our Approach
The litigation facilitator model
The Model
A fully funded structure, end to end.
Every instruction moves through the same structure: technical assessment by chartered surveyors, formal engagement by specialist panel solicitors, and legal insurance arranged for each claim. The matter is managed end to end. The owner carries no adverse costs risk.
Litigation is conducted by our specialist property litigation panel, at firms ranked in The Legal 500, acting under a conditional fee agreement. The technical evidence is produced by chartered surveyors using the Waldram methodology. A specialist legal insurer underwrites the adverse costs risk on each claim.
Daylight Protect Corporate and Commercial coordinates the matter. We do not conduct litigation and we are not a claims manager. Our role is to assemble the team, provide access to the fully funded structure, and drive the matter to resolution.
Assessment
Waldram analysis by chartered surveyors.
The standard method for measuring light loss is the Waldram analysis. A chartered surveyor models the light levels in the affected rooms before and after the development, applying the 500-lumen adequacy test. If the development reduces adequate light below the 50 per cent threshold, the interference is substantial and actionable.
We refer to this as a rights of light analysis. It is the technical foundation of every claim. It establishes whether the dominant owner has an enforceable position and anchors the valuation of the claim.
For portfolio instructions, the screening applies the same methodology at scale. Every property in the portfolio is assessed for light positions that may have been acquired by prescription but never enforced.
Appointment
Specialist panel solicitors under a conditional fee agreement.
When the rights of light analysis establishes an actionable position, the matter is formally placed with our specialist property litigation panel. The panel is made up of firms ranked in The Legal 500 for property litigation. They conduct the litigation, not Daylight Protect.
The solicitors act under a conditional fee agreement. If the claim does not succeed, there is no fee. Legal insurance is arranged for each claim so the owner is protected from any adverse costs order.
The developer is notified. The letter of claim is served. The matter moves into negotiation, mediation or litigation, with the full structure behind it.
Legal Insurance
Arranged per claim. No adverse costs risk to the owner.
Legal insurance is arranged for each claim through a specialist legal insurer. The policy covers the adverse costs risk: if the claim does not succeed, the insurer meets the developer's costs. The owner carries no exposure.
This is what makes the structure fully funded. Surveyor fees, solicitor costs, counsel fees, court fees and adverse costs risk are all covered. The owner instructs the matter and receives net recoveries. Nothing is paid upfront and nothing is owed if the claim does not succeed.
Time Sensitivity
The 12-month interruption point.
Under the Prescription Act 1832, if the dominant owner's enjoyment of light is interrupted for 12 months or more, the prescriptive right can be defeated. This is why dormant positions decay if left unprotected.
A development that has been obstructing light for close to a year is not just a slow problem. It is an active threat to the right itself. Acting before the 12-month point preserves the claim. Acting after it may mean the right is lost entirely.
This is the single most important reason not to leave a known infringement unaddressed. The right of light is an asset, but it is an asset that can expire.
Statutory Override
Section 203 Housing and Planning Act 2016.
Section 203 of the Housing and Planning Act 2016 allows a local authority to override rights of light when disposing of land for development. The owner's right is extinguished and replaced with a right to compensation under section 204.
This is a critical consideration for any owner whose property borders land involving a local authority. The right may be overridden without the owner's consent, but the owner is entitled to compensation. The valuation of that compensation requires the same Waldram analysis and the same specialist approach.
We identify positions where section 203 may be in play and ensure the owner's compensation is properly assessed and pursued under the fully funded structure.
Light Obstruction Notices
Rights of Light Act 1959.
Under the Rights of Light Act 1959, a developer can register a Light Obstruction Notice against a neighbouring property. If the notice is not challenged, it can prevent the acquisition of further prescriptive rights and, in some circumstances, affect existing rights.
If you have received a Light Obstruction Notice, it must be assessed promptly. The notice may be challengeable, but the window to do so is limited. We review the notice, instruct a chartered surveyor to assess the light position, and appoint specialist panel solicitors to challenge it where appropriate.
For portfolio owners, we screen for registered Light Obstruction Notices that may affect dormant positions across the portfolio.