Cases - Charles Semon & Co v Bradford Corporation

Record details

Name
Charles Semon & Co v Bradford Corporation
Date
[1922]
Citation
2 Ch 737
Legislation
Keywords
Right of light
Summary

The plaintiffs were stuff and woollen merchants who had acquired rights to light to their warehouse by prescription. The defendants proposed constructing a building on the opposite side of the street. The plaintiffs claimed that there had been an actionable interference with their rights of light, relying on the fact that the proposed new building would reduce the angle of light to the ground and first floor windows to considerably less than 45 degrees. However, the plaintiffs did not provide any factual or expert evidence about the amount of light that would be left and whether it would be sufficient for the comfortable use of the warehouse.

The defendants' expert, Mr Percy Waldram, gave evidence about the 'grumble point' and concluded that, by reference to this, the rooms about which the plaintiffs complained would remain well lit. The judge held, accepting Mr Waldram's evidence, that the rooms would remain well lit after the proposed development.