Development project – rights to light – highhanded conduct – consequences
Ottercroft Limited v Scandia Care Limited & another  EWCA Civ 867 (6 July 2016)
This is another case where the lead judgment was given by Lewsion LJ and it demonstrates the Court of Appeal’s current attitude
to high-handed strategies of developers. Following the decision in HXRUK II (CHC) Ltd v Heaney  EWHC 2245 (Ch) developers
were at risk of a mandatory injunction rather than simply an award of damages against them, where a right to light has been
infringed and so many tended to proceed with caution. The industry took hope for more flexibility following the Supreme Court
decision in Coventry v Lawrence (T/A Fen Tigers)  UKSC 13. Here the Court of Appeal let its views be known where a developer
acts in a high-handed manner.
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