Cases - Carr-Saunders v Dick McNeil Associates
Record details
- Name
- Carr-Saunders v Dick McNeil Associates
- Date
- [1986]; [1986]
- Citation
- 2 ALL ER 888; 1 WLR 922
- Legislation
- Keywords
- Rights of light - prescription - internal use of the dominant property - infringement - ordinary and reasonable use of the building - extent of right to light - whether the internal layout of the dominant property affects the amount of light to which the dominant owner is entitled - whether damages should be awarded in substitution for an injunction
- Summary
-
This case concerned a development in Covent Garden, London, comprising the addition of 2 stories to an existing building, thereby causing loss of light to the claimant's building and to rooms within it.
The court considered the following questions:
- had there been an actionable interference, bearing in mind the claimant's internal divisions of his building?
- what damages should be awarded for the interference, in lieu of an injunction?
The court found that there had been an actionable interference. The internal layout of the rooms had no bearing on the question, even though the layout had been in place for less than 20 years before the claim was brought. The use was still deemed to be an ordinary and reasonable one of that building.
Damages had to reflect the loss of amenity to the claimant's building, as well as the fact that the claimant had a bargaining position to obtain an injunction. General damages of £8,000 were awarded.