- Podcast Location:
-
Download it here
[file size: 21.7 MB]
- Categories:
-
Planning
- CPD Points:
-
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- Cost:
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz)
- Plays on Computer:
-
Yes
Downloadable as MP3:
Yes
- Contributor(s):
-
- Course Aims:
This podcast aims to examine the recent High Court judgment in the case of HKRUK II (CHC) Ltd v Heaney. Stephen Bickford-Smith, who appeared for Mr. Heaney, gives a detailed insight into the facts of the case and the significant impact it has had on the way in which owner-occupiers, developers, surveyors, insurance companies, funders and prospective tenants of a proposed development - view the risks associated with potential rights of light infringements.
- Outcomes:
- After completing the course you will:
- Be familiar with the facts and issues in the case of Heaney;
- Understand what the Heaney judgment means for developers;
- Be aware of the Law Commission’s recommendations regarding rights of light;
- Have considered Stephen’s guidance for practitioners acting in rights of light cases.
- Level:
- Specialist
- Classification:
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Case Update
Legal Principles
Practical Guide
- Sources and References:
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- AMEC Development v Jury’s Hotel (UK) Ltd (2001) 82 P & CR 22 at [12]-[13];
- Blue Town Investments v Higgs and Hill plc [1990] 1 WLR 696;
- Colls v Home and Colonial Stores Ltd [1904] AC 179;
- Deakins v Hookings [1994] 1 EGLR 190;
- Elliot v London Borough of Islington [1991] 1 EGLR 167;
- Greenwich Healthcare NHS Trust v London and Quadrant Housing Trust [1998] 1 WLR 1749;
- HXR UK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch);
- Jacklin v Chief Constable of West Yorkshire [2007] EWCA Civ 181;
- Jaggard v Sawyer [1995] 1 WLR 269 at 282F;
- Law Commission ‘Easements, Covenants and Profits a Prendre’ (Law Com No 327);
- Lunn Poly Ltd v Liverpool and Lancashire Properties Ltd [2007] L & TR 7;
- Mayor and Burgesses of Waltham Forest London Borough Council v Oakmesh Ltd [2009] EWHC 1688 (Ch);
- Midtown Ltd v City of London Real Property Co Ltd [2005] 1 EGLR 65 at [67];
- Mortimer v Bailey [2005] BLR 85;
- Pell Frischmann v Bow Valley (Iran) [2009] UK PC 45;
- Regan v Paul Properties Ltd [2007] Ch 135 CA;
- Shelfer v City of London Electric Lighting Co22 [1895] 1 Ch 287;
- Watson v Croft Promo-Sport [2009] EWCA Civ 15;
- Well Barn Shoot v Shackleton [2003] EWCA Civ 02.
This podcast discusses in depth the impact of the recent High Court judgment in the case of HKRUK II (CHC) Ltd v Heaney with Stephen Bickford-Smith, the barrister who appeared for Mr Heaney.
Podcast added: 21/07/11
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