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Regan v Paul Properties [2007] EWHC (Ch) 2052 HC; [2007] Ch 135 CA

DATE: 01 Jan 2007

Mr Regan occupied a maisonette in Brighton which overlooked a development site on the other side of the street. The developers were in the course of constructing a building which severely compromised the natural light to his maisoneette. He commenced proceedings in the Chancery Division for an injunction restraining the developers from interfering with the light. The claim for an injunction failed at first instance but succeeded on appeal in the first case for over 20 years where authoritative consideration had been given to the relevant principles. The Court of Appeal reaffirmed the correctness of the guidelines relating to injunctions laid down in Shelfer v City of London Electric Lighting Co. Other issues dealt with at a separate hearing included whether Mr Regan should be held liable on an undertaking in damages he gave in order to obtain an interim injunction (this was successfully resisted).

Stephen Bickford-Smith appeared for Mr Regan at first instance and on appeal.