Developers will now have more control over the financial and strategic consequences of “rights to light” cases, according to national law firm Clarke Willmott.
In Cooper v Ludgate House Ltd and Powell v Ludgate House Ltd [2025], neighbouring residents claimed the new Arbor Tower at Bankside Yards, on London’s South Bank, blocked light to their flats and sought an injunction.
The High Court upheld the residents’ rights to light but denied an injunction, awarding financial compensation instead.
Separately, a more recent High Court judgment on costs is expected to influence how claimants and developers approach future rights to light disputes, providing clearer guidance on legal costs and settlement strategy and helping manage financial and strategic risk.
Simon Freeman, Clarke Willmott
“In Cooper & Powell, Mr. Cooper and the Powells were awarded negotiating damages rather than an injunction, reflecting the court’s discretion to balance infringement with practical outcomes,” says Simon Freeman, a partner in the property litigation team at Clarke Willmott in Bristol.
“The cost ruling shows that even when a neighbour proves a rights to light infringement, a developer can reduce their financial exposure by successfully resisting an injunction and manage costs through strategic settlement offers.”
Although the court upheld the residents’ rights to light, Mr. Cooper’s £7 million counter-offer was seen as unrealistic, leaving him with only a third of his legal costs, while the Powells recovered two- thirds.
“Unrealistic demands aimed solely at extracting a large payout can limit the costs a claimant recovers,” added Simon Freeman.
“This gives developers a strategic window to negotiate financial compensation rather than risk full trial exposure. The court will also consider whether a claimant genuinely seeks an injunction or is primarily motivated by money.
“Taking early professional advice is key to making the most of this strategic window.”
Arbor is a 19-storey commercial building and the first completed structure in the £2 billion Bankside Yards development. Once finished, Bankside Yards will include around eight buildings, combining office space, residential units, cultural venues and public areas.
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
