Tamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd

Tamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd

Damages in lieu of injunction for infringement of a right to light should be assessed as a fair percentage of the profit from the relevant part of the development, reflecting the bargaining position of the party whose right is infringed, but moderated by the context and seriousness of the infringement so as not to...

Source-derived case information.

Parties
Claimant: Tamares (Vincent Square) Limited; Defendant: Fairpoint Properties (Vincent Square) Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2007
Procedural Posture
Civil / Assessment of Damages in Lieu of Injunction
Outcome
Damages in lieu of injunction awarded to the Claimant
Legal Topics
Right to Light, Damages in Lieu of Injunction, Assessment of Damages, Nuisance
Property Law Tort Law Right to Light Damages in Lieu of Injunction Assessment of Damages Nuisance

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Parties

Tamares (Vincent Square) Limited

Claimant

Fairpoint Properties (Vincent Square) Limited

Defendant

Procedural Posture

Civil / Assessment of Damages in Lieu of Injunction

Legal Issues

  1. 1 What is the appropriate measure and quantum of damages in lieu of an injunction for infringement of a right to light?

Ratio Decidendi

Damages in lieu of injunction for infringement of a right to light should be assessed as a fair percentage of the profit from the relevant part of the development, reflecting the bargaining position of the party whose right is infringed, but moderated by the context and seriousness of the infringement so as not to deter development. In this case, £50,000 is a fair result.

Court Disposition

Damages in lieu of injunction awarded to the Claimant

Orders

  • Defendant to pay the Claimant £50,000 as damages in lieu of injunction