Image from Google Jackets

Forsyth-Grant v Allen and another

By: Language: English Series: Estates Gazette ; (0815) 19 April 2008, 172(1)Publication details: 2008Subject(s): Online resources: Summary: [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.
Holdings
Item type Current library Call number Copy number Status Date due Barcode
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.