Your assistance will be invaluable – you will need to advise them on title matters, or matters relating to Light Obstruction Notices, and, in the event of there being issues that can be resolved by negotiation, then you will be required to draw up, or check, a Deed of Release.
In certain situations, there may be no possibility of a negotiated settlement, and if this is the case, you will be required to assist your client pre-court by way of advice over case law, pre-action protocol, Part 36 offers, obtaining injunctions, and of course, if matters proceed to Court your involvement will be essential.
Of course, before much of the above is required, it will first be necessary to establish if there is indeed an injury to light that might be classed as injurious. Often we find that whilst people will sometimes suffer ‘some’ loss of light, that it can sometimes not be significant enough to demonstrate a legal injury worthy of pursuing through the Courts.
If you would like an assessment undertaking for one of your clients, whether this be a developer or a neighbour to a development, we can help.
From basic risk assessments, to very detailed assessments utilising 3D computer modelling and specialist Right to Light software, we can prepare reports to you and your clients, and, if required for a legal action, we can prepare CPR 35 compliant reports.
If need be, we can act as Expert Witness, or a Single Joint Expert.