Cases - Dennis Regan v Paul Properties Ltd and others

Record details

Name

Dennis Regan v Paul Properties Ltd and others

Date

[2006]

Citation

EWCA Civ 1319

Legislation

Supreme Court Act 1981

Keywords

Rights of light - residential development left with good levels of light - developer continued construction - injunction awarded - dominant owner's rights take precedence

Summary

This case involved residential development in Brighton affecting the main living room to a neighbouring residential flat. The flat had very good levels of light and would be left with around 47% of its area having adequate light with the development complete. Acting on the advice of their surveyor that the situation would not be injunctable, Paul Properties continued to construct their proposed penthouse until they agreed to cease work to await the outcome of the hearing.

Paul Properties argued that an injunction should not be granted as the room would still be left with good levels of light and would not be materially harmed. In addition, they would be disproportionately unfair to force them to demolish the penthouse structure in its partially complete state as they had acted in good faith on the advice of their surveyor.

The Court awarded an injunction and expressed the view that the first duty of the Court is to consider the impact on the dominant owner and whether that impact was sufficiently adverse that an injunction was an adequate remedy. This assessment of the dominant owner's rights took precedence over the cost to the servient owner of having to respect the easement.