Regan v Paul Properties Ltd.
The claimant notified the developer defendant before their building (opposite his property) reached full height that the 5th floor penthouse would infringe his right to light. The defendants continued to build and had partially constructed the penthouse by the time the claimant issued proceedings for an injunction to stop that part of the development. The Court found that the relative financial loss of the parties (the developers stood to lose a substantial amount) was not the only factor in deciding whether an injunction should be awarded. Given that the claimant had raised his objections early in the development the defendants had their eyes open and took a calculated risk when they continued to build – they must now suffer the consequences of that risk and the injunction was granted.