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).

Full details of the first instance case are given in our original article: ROL case – Ottercroft v Scandia [2015]. 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 please contact:

Lance Harris, Director, lanceharris@ansteyhorne.co.uk
Matthew Craske, Director, matthewcraske@ansteyhorne.co.uk
Heather Schöpp, Director, heatherschopp@ansteyhorne.co.uk
Stephen Mealings, Director, stephenmealings@ansteyhorne.co.uk