Andrew Francis discusses right of light reform proposals
In June 2011 the Law Commission (LC) published a Report and draft Bill (Making Land Work: easements covenants and profits à prendre) (Law Com. No.327) which proposed radical reform of the law in that area. In that report the LC stated that it would undertake a separate project on rights of light in its 11th Programme of reform. This was done and the LC published a consultation paper in February 2013; Law Com. No. 210.
Significantly the report and draft Bill published on 4 December 2014 reflects the decision of the Supreme Court on 26 February 2014 in Lawrence v Fen Tigers [2014] AC 822, [2014] 2 All ER 622.
The key concerns that lie behind consultation paper and the report and Bill which sparked the need for reform may be summarised as follows:
- The effect of the decision in HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245, [2010] All ER (D) 101 (Sep). This increased the risk of an injunction being awarded for actionable infringement of a right of light,
