Skip to main content
Mobile
  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations
HS Talks HS Talks
Subjects  
Search
  • Notifications
    Notifications

    No current notifications.

  • User
    Welcome Guest
    You have Limited Access The Business & Management Collection
    Login
    Get Assistance
    Login
    Forgot your password?
    Login via your organisation
    Login via Organisation
    Get Assistance
Finance, Accounting & Economics
Global Business Management
Management, Leadership & Organisation
Marketing & Sales
Strategy
Technology & Operations
You currently don't have access to this journal. Request access now.
Practice paper

Has the Supreme Court moved the goalposts on rights to light?

Ian Mckenna
Journal of Building Survey, Appraisal & Valuation, 3 (3), 223-227 (2014)
https://doi.org/10.69554/WWOA3621

Abstract

A breach of a party's right to light has historically led to a court injunction preventing or even ordering the pulling down of offending parts of development. However, since the passing of Lord Cairns’ Act in 1858, the courts have had the discretion to award damages instead. A L Smith LJ in his Court of Appeal judgement in Shelfer v City of London Electric Lighting Co [1895] 1 Ch 287 set out what he believed to be a ‘good working rule’ for judges in exercising their discretion. However, this ‘rule’ is now thought to be a shackle and not an aide to judges. The Supreme Court, in the recently reported case Coventry & Others v Lawrence and Another [2014] UKSC 13, has declared the Shelfer rule out of date and has freed judges to decide to grant an injunction or damages in lieu, dependent simply upon the facts and circumstances of the case before them. Will this help or further hinder developers and their advisers? If damages are awarded, what has the Supreme Court had to say about the level of awards made and will the decision mean that the need for a change of law on rights to light as reviewed by the Law Commission is no longer required?

Keywords: right to light; injunction; damages in lieu; the Shelfer case; judge's discretion; Law Commission consultation

The full article is available to subscribers to the journal.

Already a subscriber? Login or review other options.

Author's Biography

Ian Mckenna is a partner at Malcolm Hollis and head of the Rights of Light and Daylight & Sunlight service. He is a specialist in these disciplines with over 15 years’ experience. He acts for both developers and adjoining owners across the UK to identify issues, manage modelling and testing processes, provide remedial advice and negotiate commercial resolutions. He lectures widely on the subject and represented the BPF during its consultation with the Law Commission on rights of light law reform.

Citation

Mckenna, Ian (2014, November 1). Has the Supreme Court moved the goalposts on rights to light?. In the Journal of Building Survey, Appraisal & Valuation, Volume 3, Issue 3. https://doi.org/10.69554/WWOA3621.

Options

  • Download PDF
  • Share this page
    Share This Article
    Messaging
    • Outlook
    • Gmail
    • Yahoo!
    • WhatsApp
    Social
    • Facebook
    • X
    • LinkedIn
    • VKontakte
    Permalink
cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 3 / Issue 3
© Henry Stewart
Publications LLP

The Business & Management Collection

  • ISSN: 2059-7177
  • Contact Us
  • Request Free Trial
  • Recommend to Your Librarian
  • Subscription Information
  • Match Content
  • Share This Collection
  • Embed Options
  • View Quick Start Guide
  • Accessibility

Categories

  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations

Librarian Information

  • General Information
  • MARC Records
  • Discovery Services
  • Onsite & Offsite Access
  • Federated (Shibboleth) Access
  • Usage Statistics
  • Promotional Materials
  • Testimonials

About Us

  • About HSTalks
  • Editors
  • Contact Information
  • About the Journals

HSTalks Home

Follow Us On:

HS Talks
  • Site Requirements
  • Copyright & Permissions
  • Terms
  • Privacy
  • Sitemap
© Copyright Henry Stewart Talks Ltd

Personal Account Required

To use this function, you need to be signed in with a personal account.

If you already have a personal account, please login here.

Otherwise you may sign up now for a personal account.

HS Talks

Cookies and Privacy

We use cookies, and similar tools, to improve the way this site functions, to track browsing patterns and enable marketing. For more information read our cookie policy and privacy policy.

Cookie Settings

How Cookies Are Used

Cookies are of the following types:

  • Essential to make the site function.
  • Used to analyse and improve visitor experience.

For more information see our Cookie Policy.

Some types of cookies can be disabled by you but doing so may adversely affect functionality. Please see below:

(always on)

If you block these cookies or set alerts in your browser parts of the website will not work.

Cookies that provide enhanced functionality and personalisation. If not allowed functionality may be impaired.

Cookies that count and track visits and on website activity enabling us to organise the website to optimise the experience of users. They may be blocked without immediate adverse effect.