Bankside Yards: Rights of Light Damages and Legal Risk Strategy
The High Court’s judgment in Cooper v Ludgate House Ltd (commonly referred to as the “Bankside” case) is important reading for legal professionals advising on rights of light matters as well as surveyors and brokers in the market. It engages with a range of pivotal legal issues, including the circumstances in which injunctive relief may be granted, the interaction with Section 203 of the Housing and Planning Act 2016, and the methodology for assessing both light loss and compensatory damages.
For those practising in real estate and planning law, the decision represents more than a development in nuisance jurisprudence. It provides critical guidance on the approach courts are likely to take when assessing rights of light disputes in the context of large-scale urban regeneration projects