Cases - Cowper v Laidler
Record details
- Name
- Cowper v Laidler
- Date
- (1903)
- Citation
- 2 Ch 337
- Legislation
- Keywords
- Rights of light
- Summary
-
The plaintiffs had acquired rights of light over the defendant's adjoining premises. The defendant intended to construct buildings that would materially diminish the light received by 2 of the plaintiffs' windows. The plaintiffs brought proceedings against the defendant claiming a prohibitory injunction preventing the defendant from constructing his building so as to infringe the plaintiffs' rights of light. The defendant argued that the value of the buildings that he proposed to put on his land would be much higher than the value of the plaintiffs' cottage. He also argued that the plaintiffs had only bought the last few shares in their cottage because they knew that it would become very valuable and therefore they would be able to get a high price for it. On this basis, the defendant argued that an injunction would be oppressive in that it would effectively compel him either to buy the cottage at an unreasonable price or to abandon his proposed building works.
The judge granted the injunction restraining the defendant from building so as to obstruct the 2 affected windows. He held that the defendant's proposed building would materially interfere with the plaintiffs' rights of light to these windows. He pointed out, relying on Shelfer, that a plaintiff was entitled to an injunction unless there were special circumstances (such as delay) or unless the injury was trivial or the damages would only be small. He also pointed out that to refuse an injunction and to award damages instead effectively compels the plaintiff to part with his right of light for money. The judge decided that it was not oppressive to award an injunction. It was no more oppressive for the defendant to have to buy the plaintiffs' property at the full price, taking account of the right of light, than for the defendant to say that he must be allowed to build in disregard of the plaintiffs' right.