Rights of light Case Summary

Court of Appeal upholds injunction in Ottercroft v Scandia and Rahimian

Ottercroft v Scandia & Rahimian

On 6 July 2016 the Court of Appeal upheld the injunction granted by the Oxford County Court in the case of Ottercroft Ltd v Scandia Care Ltd (1) and Dr Mehrdad Rahimian (2).

The Court of Appeal upheld the injunction and ordered the offending staircase, circled in pink in the image above, to be removed. Whilst damages could have been awarded for the minor infringement, the fact the developer breached his own undertaking not to build so as to interfere with the right of light was felt serious enough to merit the injunction.

Contact

For further information or advice on rights of light please contact:

Lance Harris, Senior Director

Rights of Light


Stephen Mealings, Senior Director

Rights of Light – Birmingham

DD : 0121 348 7300

M : 07958 368 039

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