The Law of Rights of Light. 2nd edition

Описание: BOOK REVIEW

THE LAW OF RIGHTS OF LIGHT
Second Edition

By Jonathan Karas KC
With technical appendices by Point 2 Surveyors

ISBN 978 0 85490 344 3

WILDY, SIMMONDS & HILL PUBLISHING

www.wildy.com


MOST HELPFUL PRACTICAL ADVICE IN RIGHTS OF LIGHT CASES FOR 2024

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
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Jonathan Karas KC has established “The Law of Rights of Light” from Wildy, Simmonds and Hill Publishing, as the leading specialist textbook in the field of rights of light and it is used by practitioners, whether barristers, solicitors, or surveyors for both advice and potential litigation.

The new edition has been fully revised and brought up to date to include recent developments in the law such as section 203 of the Housing and Planning Act 2016, Beaumont Business Centres Ltd v Florala Properties Ltd [2020] and Fearn v The Board of Trustees of the Tate Gallery [2023]. It goes without saying that commentaries on the new case law are invaluable for practitioners in this difficult area.

Karas considers how rights can be established, what constitutes an infringement of those rights and what remedies can be provided for the infringement of those rights. The book is useful for both those who are relatively new to this area of land law, and to more experienced lawyers and to unrepresented parties seeking a remedy.

The author sets out how claims may be defended and how rights can be overridden using the mechanism under section 203 of the Housing and Planning Act 2016. By setting the law in its wider context, “The Law of Rights of Light” comprehensively shows that, despite the technicalities which arise, “there are no legal problems with which a competent lawyer cannot grapple”. And that sums up the beauty of this publication and many others in the Wildy handbook series.

We were particularly impressed with the advice from the two illustrated technical appendices by Point 2 Surveyors which are, in our view, invaluable, for practitioners when trying to understand the heavier issues in right to light litigation. The first appendix explains how light is measured; and the second appendix sets out how losses are valued. Both appendices also explain the limits of current methodology which we believe will be of great use to the specialist courts who hear these cases.

The new, second edition has been described as “an essential addition to the shelves of lawyers, surveyors and other property professionals”. It is a comment we fully endorse as the book has wide appeal for students and unrepresented parties wishing to gain a better understanding of this serious (and expensive) area of conflict in English Land Law.

The date of publication of the hardback second edition is cited as May 2024.