INJUNCTIONS, NUISANCE AND RIGHTS OF LIGHT

Forsyth-Grant v Allen [2008] EWCA Civ 505

In Forsyth-Grant v Allen [2008] EWCA Civ 505 the Court of Appeal held that the claimant was not entitled to an injunction in respect of an infringement by the defendant of her right to light, nor was she entitled to recover damages assessed by reference to any gain made by the defendants as a result of the infringement. The claimant had acted unreasonably in refusing to co-operate with the defendants and was confined to a claim for compensatory damages to compensate her for the loss which she had suffered as a result of the infringement.