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Litigation Letter

Injunction or damages?

Regan (Dennis) v Paul Properties DPF No 1 Ltd and others [2006] EWHC 1941 (Ch)

The claimant claimed injunctions and damages against the defendant property developers for an infringement of his rights to light. The defendants had constructed a five-storey building opposite his maisonette in Brighton. The claimant’s surveyor concluded that his sitting room had suffered a reduction from being 65% well-lit to being 42% well-lit. The loss to the defendant of scaling back its development to restore the light to adequate levels was assessed in the region of £40,000, while the claimant’s property was reduced in value by some £5,000 due to the loss of light.

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