In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

Development project – rights to light – highhanded conduct – consequences

Commercial Leases

Development project – rights to light – highhanded conduct – consequences

Ottercroft Limited v Scandia Care Limited & another [2016] 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 [2010] 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) [2014] UKSC 13. Here the Court of Appeal let its views be known where a developer acts in a high-handed manner.

The rest of this document is only available to online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more