Scandia Care Limited & Rahimian v Ottercroft
Rights of Light, Injunctions and the Personal Liability of Company Directors
In Scandia Care Limited & Rahimian v Ottercroft, the CA refused to interfere with the trial judge's exercise of his discretion to grant a mandatory injunction requiring the alteration or removal of a staircase interfering with the Respondent's right of light, rather than award damages in lieu. The CA considered that would not be oppressive in circumstances where the Appellants' conduct had been high handed, they had tried to steal a march, and the new staircase had been constructed in breach of a contractual undertaken which had been given to the Respondent in order to forestall an application for an interim injunction. The Second Defendant also sought to evade liability by hiding behind his company, but both the trial judge and the Court of Appeal rejected this attempt, holding that he was a joint tortfeasor, together with his company. There was no evidence that he had merely exercised control of the company through its constitutional organs, and no evidence that it did anything other than what he wanted it to do.
Greville Healey acted for the successful Claimant at first instance and on the appeal.
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