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TORT

22 February 2007
Issue: 7261 / Categories: Case law , Law digest
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Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 212 (Ch), [2007] All ER (D) 103 (Feb)

The court summarised the principles applicable to the assessment of damages for loss of the ability to prevent an infringement of a right to light:

(i) The court must attempt to find what would be a fair result of a hypothetical negotiation between the parties.

(ii) The context, including the nature and
seriousness of the breach, should be kept in mind.

(iii) The right to prevent a development (or part) gives the owner of the right a significant bargaining position. (iv) The owner of the right with such a bargaining position would normally be
expected to receive some part of the likely profit from the development.

(v) If there is no evidence of the likely profit, the court may award a suitable multiple of the damages for loss of amenity.

(vi) If there is evidence of the likely the profit, the court should normally award a sum which takes into account a fair percentage of the profit.

(vii) The size of the award should not be so large that the development would not have taken place had such a sum been payable.

(viii) The court should consider whether the deal feels right.

 

Issue: 7261 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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