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01 March 2013 / Colin Oakley
Issue: 7550 / Categories: Opinion , Property
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The path to enlightenment?

Colin Oakley outlines the thorny issues that can arise from rights to light & the Law Commission’s attempts to address them

There has been a glut of writing on rights to light since the High Court’s decision in HKRUK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch), and the effect that it has had on the development industry and those who advise it.

This article is not primarily about Heaney, although it is possible that it would not have been written had that case never been litigated—or indeed had it progressed to an appeal. Instead, this article is about the Law Commission’s recent consultation paper on rights to light.

The Law Commission’s project on rights to light grew organically from its work on the general law of easements, covenants and profits à prendre. That project culminated in a 2011 report containing our recommendations for reform and a draft bill to implement them, to which we await the government’s response. During the course of our earlier project it became clear—even before Heaney—that rights to light give rise to particularly tricky issues;

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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