No light at the end of the tunnel?
How problematic are rights to light for developers after the cases of Regan v Paul and Heaney?
As you may have heard, the case of HXRUK II (CHC) Ltd v Heaney which was due to be heard in the Court of Appeal has settled. At first instance the judge had held that a new office building in Leeds had to be partially demolished because it interfered with a neighbouring office's rights of light. But should developers really be worried? What does the case of Heaney at first instance really establish? What was wrong with the judgment (and what is right about it)? How has the case affected the practice and attitude of surveyors and insurers?
The Speakers
Jonathan Karas Q.C., who was instructed by Mr Heaney in the Court of Appeal.
Jonathan has for many years been recognised as a leading barrister in the field of property litigation. In Chambers and Partners, 2010 he is described as "a good leader, a strong all-rounder and a combative advocate". He was instructed as leading counsel for Mr Heaney for the appeal in HXRUK II (CHC) Ltd v Heaney.
Liam Dunford
Savills
Liam sits within Building Consultancy where he joined to establish the Rights of Light team in 2007. He is a specialist Rights of Light surveyor and is known for his pragmatic no-nonsense approach. Liam has developed a solid reputation amongst his clients for resolving daylight and rights of light matters.
Bill Gloyn
Partner, European Real Estate, JLT Specialty Ltd.
Bill joined JLT in June 2009, having retired in April 2009 as Chairman, Real Estate Europe within another international broker. JLT is the largest European headquartered risk and insurance adviser and is quoted on the London Stock Exchange.
He is immediate Past-President of the City Property Association, Chairman of the BPF Insurance Committee and BPF representative on the Joint Contracts Tribunal insurance committee. Bill is a member of the Investment Property Forum sustainability interest group and sits on the construction committee of the City of London Law Society.
