Right of Light Consulting’s client Ottercroft Ltd successfully defended the defendant’s appeal lodged in the Court of Appeal.
The appeal arose following the outcome of Ottercroft Ltd v Scandia Care Ltd (1) and Dr Mehrdad Rahimian (2) in the Oxford County Court back in 2014 in which the claimant successfully sought an injunction to have the defendant’s fire escape staircase relocated as a result of its impact on rights light.
The case focused heavily on the conduct of the parties where an injunction was awarded on the basis that:
- The defendant had breached an undertaking given not to interfere with the claimant’s right of light.
- The defendant had acted badly throughout and in an un-neighbourly manner.
- The judge found the defendant was not a truthful witness.
- An injunction would not be oppressive to the defendants. It had been estimated to cost no more than £6,000 to move the staircase.
- The claimant must be entitled to orders of the court preventing the same thing happening in future.
This case highlights the fact that the conduct of the parties remains an important aspect in right of light cases.