Tamares (Vincent Square) Ltd v. Fairpoint Properties (Vincent Square) Ltd
Language: English Series: Estates Gazette ; [2007] 07 EG 143 (CS) | Estates Gazette ; [2007] 14 EG 106Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 212 (Ch), 8 February 2007. The claimant owned an office building and contended that it was affected by the development of an adjoining property in terms of access to light. Two entrance lobby windows which had been boarded up for 20 years were included as well as two basement windows which illuminated a stairwell. "Held" Damages were assessed in the sum of £50 000. In assessing damages for loss of the ability to prevent an infringement of a right to light before any infringement took place, the overall principle was that the court should determine what would constitute a fair result of a hypothetical negotiation between the parties. The nature and seriousness of the breach had to be borne in mind.Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
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Law report | London Journal article | L136793 (Browse shelf(Opens below)) | 1 | Available | 136793-1001 |
[2007] EWHC 212 (Ch), 8 February 2007. The claimant owned an office building and contended that it was affected by the development of an adjoining property in terms of access to light. Two entrance lobby windows which had been boarded up for 20 years were included as well as two basement windows which illuminated a stairwell. "Held" Damages were assessed in the sum of £50 000. In assessing damages for loss of the ability to prevent an infringement of a right to light before any infringement took place, the overall principle was that the court should determine what would constitute a fair result of a hypothetical negotiation between the parties. The nature and seriousness of the breach had to be borne in mind.