Damages but no injunction

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd (2007) CA Civ (15 Nov)

Although the claimant succeeded in its claim based on interference with its right to light by the defendant, the court refused its application for an injunction and awarded damages in lieu. In the circumstances, the judge awarded the claimants 75% of its costs. The defendant alleged that the judge had erred in his assessment of costs because he had treated the case as one of commercial litigation while it was in fact an application for an injunction. The defendant having resisted the application for an injunction should not have been ordered to pay more than 25% of the claimant’s costs.