Court of Appeal upholds injunction in Ottercroft v Scandia and 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.
For further information or advice on rights of light please contact:
Lance Harris, Senior Director
Stephen Mealings, Senior Director
Rights of Light – Birmingham
DD : 0121 348 7300
M : 07958 368 039