Right to Light in UK Law

Leading Cases
  • RHJ Ltd v FT Patten (Holdings) Ltd
    • Chancery Division
    • 13 Jul 2007

    Clauses of the second kind may prevent the acquisition of a right of light by prescription if what they authorise would interfere with light. If, on a fair reading of the clause they do, then it is not necessary, in my judgment, for the clause to use the word “light”. Once the clause has been interpreted, that interpretation will have been “expressly” agreed. A clause in a lease which authorises the landlord to build as he pleases is likely to satisfy the test.

  • Midtown Ltd v City of London Real Property Company Ltd
    • Chancery Division
    • 20 Ene 2005

    Faced with those observations Mr Morgan QC did not feel able to oppose the amendment, not submitting that there was any prejudice nor any other disadvantage, which could not be dealt with in respect of these amendments. This was a realistic stance given the fact that the Claimants could have issued fresh proceedings based on the grant and then would be in an incontestable position of showing that they had established a right to light.

  • Lawrence (Katherine) and Another v Fen Tigers Ltd & others (No 1)
    • Supreme Court
    • 26 Feb 2014

    First, the application of the four tests must not be such as "to be a fetter on the exercise of the court's discretion". Secondly, it would, in the absence of additional relevant circumstances pointing the other way, normally be right to refuse an injunction if those four tests were satisfied. Thirdly, the fact that those tests are not all satisfied does not mean that an injunction should be granted.

  • Regan v Paul Properties Ltd and Others
    • Court of Appeal (Civil Division)
    • 26 Oct 2006

    Shelfer is the best known case. It is a decision of the Court of Appeal. It has never been overruled and it is binding on this court. The cause of action was nuisance, as in this case, though in the form of noise and vibration rather than interference with a right of light.

  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 Jul 1994

    Reported cases are merely illustrations of circumstances in which particular judges have exercised their discretion, in some cases by granting an injunction, and in others by awarding damages instead. Since they are all cases on the exercise of a discretion, none of them is a binding authority on how the discretion should be exercised. The most that any of them can demonstrate is that in similar circumstances it would not be wrong to exercise the discretion in the same way.

    The outcome of any particular case usually turns on the question: would it in all the circumstances be oppressive to the defendant to grant the injunction to which the plaintiff is prima facie entitled? Most of the cases in which the injunction has been refused are cases where the plaintiff has sought a mandatory injunction to pull down a building which infringes his right to light or which has been built in breach of a restrictive covenant.

  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • Court of Appeal (Civil Division)
    • 29 Jul 1988

    Although I would accept that there may be a logical difficulty in making a distinction between the present case and the way-leave cases, I think that if the user principle were to be applied here there would be an equal difficulty in distinguishing other cases of more common occurrence, particularly in nuisance. Suppose a case were a right to light or a right of way had been obstructed to the profit of the servient owner but at no loss to the dominant owner.

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Legislation
  • Finance Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... or after the employment began) under which the employee gives up the right to receive an amount of general earnings or specific employment income in ...Vehicle excise duty Vehicle excise duty . S-150 . VED: rates for light passenger vehicles, light goods vehicles, motorcycles etc 150 VED: rates ......
  • Higher Education and Research Act 2017
    • England & Wales
    • 1 de Enero de 2017
    ....... (3) In light of its duty under subsection (1), the OfS must keep the initial ... (a) (a) the procedure for imposing a monetary penalty, . (b) (b) rights of appeal, . (c) (c) the recovery of the penalty and interest, and . (d) ......
  • Infrastructure Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... measures; to make provision for giving members of communities the right to buy stakes in local renewable electricity generation facilities; to ...   . 29 In section 97 (lighting of highways), in subsection (1), for "The Minister and every local" ......
  • Care Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... . (h) the need to ensure that any restriction on the individual's rights or freedom of action that is involved in the exercise of the function is ... . (2) Where the Commission, in light of an assessment under subsection (1), considers that there is a ......
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Books & Journal Articles
  • EASEMENT AND PRESCRIPTION—CHANGING PERSPECTIVES IN CLASSIFICATION
    • Núm. 38-6, Noviembre 1975
    • The Modern Law Review
    ...... perception of cases involving the acquisition of rights through lapse of time. It is trite theory that ... 38 apply to the acquisition of rights to light and rights of pasture, yet their existence was und0~bted.I~ ......
  • Conceptualism Triumphant in the Court Of Appeal
    • Núm. 31-3, Mayo 1968
    • The Modern Law Review
    ...... Lord Davey once said that the right to light has a ragged edge to it.J2 So still has the immunity ......
  • Public Policy and the Immunity of Advocates
    • Núm. 31-3, Mayo 1968
    • The Modern Law Review
    ...... Lord Davey once said that the right to light has a ragged edge to it.J2 So still has the immunity ......
  • Firesetting and arson in individuals with autism spectrum disorder: a systematic PRISMA review
    • Núm. 10-4, Noviembre 2019
    • Journal of Intellectual Disabilities and Offending Behaviour
    • 89-101
    Purpose: The purpose of this paper is to identify studies which have investigated arson or firesetting in individuals with autism spectrum disorder (ASD). Design/methodology/approach: A systematic...
    ......He stated that he would be married right away if he could afford to buy a large apartment. In the year prior to the ...Mr NY believed that he had ever y right to light fires and was not ab le to appreciate or understa nd why his father was ......
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