Strategic Success in Leicester

Our clients owned two commercial properties in Leicester. These buildings faced a significant rights of light threat from a proposed multi-storey development on adjacent land. Given the urban density and proximity of the new build, the scheme posed a clear risk of substantial light loss to the rear of the claimants’ premises.

The principal legal issue was whether our clients had acquired rights of light through long-term enjoyment, either under the Prescription Act 1832 or the doctrine of lost modern grant. Additionally, we had to establish that the level of light loss would be actionable and, if so, whether the remedy would be an injunction or a negotiated financial settlement.

We instructed expert surveyors and leading counsel to assess the extent of interference and support our clients' position. Despite attempts to resolve the matter through correspondence, it became clear that litigation would be necessary to secure meaningful engagement. Proceedings were issued, and the case proceeded to a Case and Costs Management Conference (CCMC), where strategic litigation steps were taken to strengthen our clients' negotiation position.

Through careful coordination of technical and legal input, we demonstrated that any settlement needed to reflect not just the technical loss of light, but also the potential legal remedies available.

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The matter settled prior to trial. The compensation achieved reflected a book value uplift equivalent to seven times, based on a 4.5% yield—an exceptionally strong outcome for Leicester. This result was directly attributable to the pressure created through a clear and credible litigation strategy.

This case exemplifies how effective legal and technical coordination can drive substantial outcomes in rights of light negotiations. Even in secondary markets like Leicester, a well-prepared and assertive strategy can yield compensation far above standard valuation baselines. The case underscores the commercial power of rights of light when used effectively.