Category Archives: Real Estate

Ottercroft Ltd v Scandia Care Ltd and Rahimian, a recent decision of the Court of Appeal, reinforces the principle that where a defendant acts high-handedly and breaches undertakings, the court is more likely to grant a mandatory injunction even if the infringement is minor.  This is to serve as a lesson to others.  The case … Continue reading Injunctions and rights to light

In Raymond and another v Young and another, the Court of Appeal clarified that it could be appropriate to award damages for the loss of capital value to a property, even where a permanent injunction had been granted restraining further acts of nuisance.  It would not, however, be appropriate to make an award of damages … Continue reading Whether damages can be awarded in addition to permanent injunction in nuisance case

It is often the case that employers seek to protect themselves financially in the event of a contractor’s default, seeking either a parent company guarantee (“PCG”) or some form of bond (or both). Of course, calling a PCG or bond, including an on-demand bond does not guarantee payment, but the recent case of MW High … Continue reading Court’s power to restrain call on parent company guarantee or bond

Iouri Chliaifchtein v Wainbridge Estates Belgravia Limited is a comparatively rare example of a reported case concerning an injunction granted to prevent the alleged breach of a party wall award. In this case the defendant sought its costs of an injunction obtained against it by the claimant on the basis that the injunction had been … Continue reading Costs consequences for defendant of injunction to restrain breach of party wall award

The Law Commission has published its Final Report on Rights to Light and a draft Rights to Light (Injunctions) Bill, setting out its recommendations on this challenging area of law. Its recommendations seek to put in place procedures: allowing land owners to be notified if a neighbour intends to seek an injunction to protect their rights … Continue reading Rights to light reform: Law Commission publishes final report and draft Rights to Light (Injunctions) Bill

On 26 February 2014, the Supreme Court handed down an important judgment in Coventry (t/a RDC Promotions) v Lawrence relating to the principles of private nuisance, a common law tort, and also when an injured party would be entitled to an injunction in preference to a pure damages remedy. Restoring the trial judge’s original order, … Continue reading Supreme Court ruling relating to injunctions and noise nuisance