The Law Commission has today, 4 December 2014, published its recommendations on reform of the law relating to rights to light. The five main recommendations are as follows:
Notably, the Law Commissions has not made any recommendation for change in the measure of damages that can be awarded instead of an injunction, recognising that this is a controversial area.
Donald Lambert, head of real estate litigation at Penningtons Manches, said: “One of the key issues in rights to light is the level of damages that will be awarded in lieu of an injunction. The paper recognises the considerable divergence between common law and equitable levels of damages. It is therefore disappointing that the Law Commission does not yet feel able to recommend reform to clarify this area of uncertainly but simply recommends that the issue is reconsidered once the current proposals have been enacted.”
The Government now has to decide whether or not to take the Law Commission recommendations forward.
Click here to view the recommendations.