Cases - Forsyth-Grant v Allen

Record details

Name

Forsyth-Grant v Allen

Date

[2008]

Citation

EWCA Civ 505

Legislation

Chancery Amendment Act 1858

Keywords

Rights of light

Summary

The claimant owned a hotel adjacent to the defendant's land and claimed that the construction of two houses on that land interfered with her rights to light. The claimant did not claim an injunction, but claimed an account of the defendant's profits. However, the judge and the Court of Appeal also considered Wrotham Park damages.

The judge held that, in view of the claimant's unreasonable conduct (which included a failure to reply to the defendant's offer of compensation or to allow the defendant's surveyor the opportunity to inspect the hotel), the court would not have awarded an injunction and that, therefore, an award of damages calculated on the basis of Wrotham Park or Carr-Saunders was inappropriate. The Court of Appeal stated that, as this finding was not challenged on appeal, there was no need to express a view about whether it was correct. Having made this finding, the trial judge assessed damages on the basis of the loss actually suffered by the claimant, which amounted to the capitalised diminution of the letting value of the rooms whose light was affected by the defendant's development. This amounted to £1,848.63.