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22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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TORT

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch), [2007] All ER (D) 103 (Feb)

The court summarised the principles applicable to the assessment of damages for loss of the ability to prevent an infringement of a right to light:

(i) The court must attempt to find what would be a fair result of a hypothetical negotiation between the parties.

(ii) The context, including the nature and
seriousness of the breach, should be kept in mind.

(iii) The right to prevent a development (or part) gives the owner of the right a significant bargaining position. (iv) The owner of the right with such a bargaining position would normally be
expected to receive some part of the likely profit from the development.

(v) If there is no evidence of the likely profit, the court may award a suitable multiple of the damages for loss of amenity.

(vi) If there is evidence of the likely the profit, the court should normally award a sum which takes into account a fair percentage of the profit.

(vii) The size of the award should not be so large that the development would not have taken place had such a sum been payable.

(viii) The court should consider whether the deal feels right.

 

Issue: 7261 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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