Kester Lees KC acts for developer successfully resisting an injunction in two seminal cases that are set to be the leading rights to light cases for years to come.
In Cooper v Ludgate House Ltd and Powell v Ludgate House Ltd [2025] EWHC 1724 (Ch), Kester Lees KC (led by John McGhee KC of Wilberforce Chambers) acted for the developer of the award winning Bankside Yards development, in two cases in which two neighbours sought injunctions to force the developer to demolish or significantly alter Arbor, an award-winning 18-storey office block on the basis of an actionable infringement with their rights of light.
Fancourt J refused to grant an injunction and awarded damages in lieu of around 1/6th of that sought by the claimants.
Kester was instructed by Matthew Baker, Sarah Campey and Pierre Smith of Pinsent Masons LLP.
Kester will be delivering a talk about the decision and its ramifications at the upcoming PLA Northern conference on 18th September 2025 entitled " Rights to Light after Bankside".
The judgment can be found here.
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