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HXR UK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch)

DATE: 10 Sep 2010

Mr. Heaney owned a fine period building in Leeds, formerly the Yorkshire Penny Bank Building. HXR, the claimant, decided to develop an office building facing Mr. Haney's building by (amongst other things)  adding another two storeys to it. This would and did interfere with Mr. Heaney's rights to light. Despite his protests construction went ahead. HXR commenced proceedings in the High Court, Chancery Division, for a declaration that Mr. Heaney was not entitled to an injunction to compel it to remove the infringing parts of the development and indeed that Mr. Heaney by inaction had forfeited his rights. The judge disagreed and awarded Mr. Heaney a mandatory injunction on his counterclaim, requiring modification of the new floors to cut them back to preserve Mr. Heaney's light. The court reviewed the principles on which injunctions to protect easements are granted, as set out in Shelfer v City of London Electric Lighting Co and Regan v Paul Properties. The court also assessed the damages which Mr. Heaney would have been entitled to had an injunction been refused, based on the "buyout" principle.

Stephen Bickford-Smith appeared for Mr. Heaney.