Real Estate Tip of the week: Developments in Supreme Court Good News for Developers
Published 22 April 2014
If you are developing a site you may find that you inadvertently interfere with other owners' legal rights, such as rights to light, which may lead to an application to Court for an injunction to prevent further infringement.
There will be many cases where, as developer, you would want the Court to order damages in lieu of an injunction, as the damage suffered by the adjoining owner may not be substantial and this could still leave you with a profitable outcome.
The Supreme Court has recently given further guidance on when money can be ordered in lieu of an injunction and it is good news for the developer; the Court has said that there is to be more discretion available to a trial Judge and less of a requirement to ensure a fixed set of principles are met.
This means that when faced with opposition to a scheme you are more likely to be able to proceed and pay damages that take account of the damage caused, rather than lose the entire project.