Row of Houses, East London

Our clients, owners of a row of houses in East London, faced a significant threat to their rights to light due to a proposed 15-plus storey development directly opposite their properties. The scale and proximity of the development risked substantial light reduction, affecting the habitability and value of their homes. Recognising the potential impact, our clients sought our services to litigate against the developer to secure compensation or an injunction.

The primary legal issue was determining whether the proposed development would unlawfully interfere with our clients' rights to light. Rights to light, entitle property owners to sufficient natural light through specific apertures, such as windows, for the ordinary use of their premises. The challenge was to establish the extent of the interference and to decide the appropriate legal remedy – either injunctive relief to halt the development or significant compensation.

Our initial approach involved detailed surveys and analysis to quantify the impact of the proposed development. These assessments confirmed that the development would substantially diminish the light entering our clients' properties, making it actionable. We attempted to engage the developer amicably, proposing solutions to mitigate the impact. However, the developer was unresponsive and uncooperative.

Consequently, we initiated legal proceedings, paying substantial court fees to assert our clients' rights. The litigation process involved strategic filings and pressure, aiming to demonstrate the seriousness of the infringement and the likelihood of obtaining injunctive relief. Key cases supporting our position included Colls v. Home & Colonial Stores Ltd [1904] AC 179, which established the principle that property owners are entitled to sufficient light for ordinary use. The developer, realising the strength of our case and the potential for an injunction, eventually agreed to a stay of proceedings to negotiate a settlement.

After extensive negotiations, the developer acknowledged the significant loss our clients would incur and agreed to a settlement. The compensation exceeded £1,000,000, reflecting the potential injunctive relief and the added value of resolving the dispute expediently. This settlement not only compensated our clients for their loss of light but also highlighted the effectiveness of our legal strategy.

This case underscores the importance of a robust legal approach in protecting property rights. Our strategic litigation and thorough preparation forced the developer into a position where they had to acknowledge the impact on our clients’ rights to light. The substantial settlement achieved demonstrates the critical role of expert legal intervention in securing fair compensation and upholding property rights.