Forsyth-Grant v Allen and another
Language: English Series: Estates Gazette ; (0815) 19 April 2008, 172(1)Publication details: 2008Subject(s):- CARR-SAUNDERS V DICK MCNEIL ASSOCIATES LTD
- TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
- STOKE-ON-TRENT CC V W & J WASS LTD
- AMEC DEVELOPMENTS LTD V JURY'S HOTEL MANAGEMENT (UK) LTD
- England and Wales -- 1543-
- PROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION-RIGHTS TO LIGHT
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
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Journal article | London Journal article | L143263 (Browse shelf(Opens below)) | 1 | Available | 143263-1001 |
[2008] 15 EG 172(CS), 8 April 2008. The appellant (F) owned a hotel on land adjoining a site upon which the respondents (G) intended to develop. F raised several objections including a claim that such development would interfere with the right to light in the hotel. F claimed that the circumstances merited an order made with reference to G's profits and requested accounts. F then refused access to the hotel for the purposes of determination until a court order was made. An award was made based on loss of value due to loss of light. F appealed against the refusal to order an account of profits. "Held": The standard remedy was an award for damages. An account of profits was only applied in cases where a defendant had infringed the proprietary rights of the claimant. There were no such circumstances or other exceptional factors within this case. Appeal dismissed.