Rights of light: a lighter touch required

In HXRUK II (CHC) Ltd v Heaney [2010] 3 EGLR 15, the High Court granted a commercial property owner an injunction requiring a developer to cut back its completed development. The court confirmed that the primary remedy for infringement is an injunction and the court's discretion to deprive a claimant of an injunction should only be exercised in "very exceptional circumstances".

On the rare occasions when the court might be persuaded to grant damages rather than an injunction, such damages are likely to be assessed on the generous basis adopted by the High Court in Tamares (Vincent Square) Ltd v