Regan v Paul Properties Ltd & Ors

Regan v Paul Properties Ltd & Ors

The trial judge erred in law by placing the burden on the claimant to show why damages should not be awarded instead of an injunction. The injury to Mr Regan's right to light was not small, could not be adequately compensated by a small money payment, and the conduct of the defendants in proceeding with the...

Source-derived case information.

Parties
Appellant: Dennis Regan; Respondent: Paul Properties Limited; Respondent: Peter Lahaise; Respondent: John Griston
Jurisdiction
England and Wales
Judgment Date
26 October 2006
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Right to Light, Nuisance, Remedies, Injunctions, Damages
Property Law Tort Law Right to Light Nuisance Remedies Injunctions Damages

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Parties

Dennis Regan

Appellant

Paul Properties Limited

Respondent

Peter Lahaise

Respondent

John Griston

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the proper remedy for infringement of right to light is damages or a mandatory injunction
  2. 2 Whether the trial judge misdirected himself in law regarding the discretion to grant an injunction

Ratio Decidendi

The trial judge erred in law by placing the burden on the claimant to show why damages should not be awarded instead of an injunction. The injury to Mr Regan's right to light was not small, could not be adequately compensated by a small money payment, and the conduct of the defendants in proceeding with the development after notice of the claim made it not oppressive to grant an injunction. Therefore, the proper remedy is a mandatory injunction to protect Mr Regan's right to light.

Court Disposition

appeal allowed

Orders

  • Mandatory injunction granted against the defendants to protect Mr Regan's right to light.
  • Parties to agree the wording of the injunction.