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Gary Webber was a practising barrister for 22 years specialising in property law.

Brie Stevens-Hoare QC is a very client focused specialist in property and property related work. Her main focus is on real property and the more commercial aspects of property work including disputes around property developments and commercial property. In addition, Brie has considerable experience of property related professional negligence and contentious probate matters.

A communi observantia non est recedendum. There should be no departure from common observance or usage.

This paper deals principally with the question when is it correct to grant damages in lieu of an injunction? The question is asked in the context of rights of light matters.

Being excessively litigious could prevent a tenant being granted a statutory renewal lease.

Tenants may have greater rights than they think.

Convenience and not necessity is the test as to whether interference with a right is actionable.

Supreme Court reviews and changes law as to private nuisance and appropriate remedies.

This appeal raises a number of points in connection with the law of private nuisance, a common law tort. While the law also recognises public nuisance, a common law offence, this appeal is only concerned with private nuisance, so all references hereafter to nuisance are to private nuisance. It should also be mentioned at the outset that the type of nuisance alleged in this case is nuisance in the sense of personal discomfort, in particular nuisance by noise, as opposed to actual injury to the claimant’s property (such as discharge of noxious material or removal of support).

Breaches of dilapidations pre-action protocol considered by court in claim by landlord agaisnt tenant for indemnity costs.