Rights of Light, Injunctions and Key Market Trends: Everything a Developer Needs to Know

Complimentary Webinar

Join rights of light specialist Rashpal Soomal who will discuss the changing landscape in this complex area. She will cover the latest court cases, emerging themes and the impact that increasing levels of market awareness in this area is having on the ability to obtain insurance cover and finance.

This session will be of particular interest to developers and their funders but is also relevant for others involved in buying or pre-letting recently constructed real estate.

Rights of light

• What are rights of light?
• How are they acquired?
• Who can claim them?
• What are the remedies for breach?
• How does an injunction work in practice?
• How are any damages in lieu of an injunction assessed e.g.: book values v profit shares?
• What other strategies can be used e.g.: light obstruction notices, insurance, s203 powers?

Injunctions

• When will an injunction be awarded or avoided?
• What does ‘good’ developer conduct look like and how important is it?
• How is the court’s discretion exercised in different scenarios e.g.: rights of light, restrictive covenants, trespass?
• How do interim injunctions and cross undertakings for damages work?
• How do damages in lieu of an injunction compare with a ‘ransom’ scenario?

Key market trends

• What is happening in the insurance market?
• How are claims changing e.g.: the rise of ambulance chasers?
• How are the changes affecting a developer’s ability to obtain finance?
• What is the current level of scrutiny from stakeholders e.g.: pre let tenants?
• How does the risk impact construction procurement?
• In what ways can the technical tests be challenged – is Waldram dead or dying?
• What are we seeing in terms of emerging legal arguments?