DAMAGES FOR INTERFERENCE WITH LIGHT

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] All ER (D) 103 (Feb)

In Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] All ER (D) 103 (Feb) Gabriel Moss QC, sitting as a Deputy Judge of the High Court, set out the principles to be applied by a court when assessing damages for the infringement of a right to light. The overall principle is that the court must attempt to find what would be a ‘fair’ result of a hypothetical negotiation between the parties.