Right to light

HKR UK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch); Solicitors Journal 7 December, p11

The owner of the building next to a seven-storey development in Leeds city centre claimed an infringement of his rights to light and sought an injunction. After two years of fruitless negotiation and knowing of the objection of the adjoining owner the developers went ahead and constructed additional sixth and seventh floors. The developer then sought from the court a declaration that it was free from any liability to the defendant for the interference with the rights to light enjoyed by its building. Shelfer v London Electric Light & Co [1895] 1 Ch 287 identified four criteria in deciding whether damages should be granted in lieu of an injunction for interference with rights of light. They are that: