Regan v Paul Properties [2006] EWCA Civ 1391

Easements; rights of light; injunction; damages in lieu of an injunction This is a case of infringement of rights to light. The…

Easements; rights of light; injunction; damages in lieu of an injunction

This is a case of infringement of rights to light. The appeal, for which permission was given by Neuberger LJ and for which an expedited hearing was ordered, is solely on the question of remedy: whether the proper remedy for infringement in this case is damages for nuisance, as ordered by the court below, or whether a mandatory injunction should be granted requiring part of a building in the course of construction to be pulled down.

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