As published in RICS –  Journal for July / August 2020

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An article by Dan Tapscott, Partner and Head of Neighbourly Matters and Angela Gregson of Child & Child. A recent case Peter Knox QC in Beaumont v Florala [2020] has illustrated how new technologies might be used to measure losses of light.

The recent judgment of Peter Knox QC in Beaumont v Florala [2020] EWHC 550 CH was met with some surprise by commentators. In this case, the owner of neighbouring land obtained an injunction ordering the cutback of a development that caused relatively small losses of light to the claimant’s office accommodation. In this article, we consider the court’s comments on the methods of measuring losses of light in the context of the future of how these losses should be measured.

Among other things, the court considered both the Waldram analysis and radiance testing methods.

Waldram analysis uses the principles set out by Percy Waldram in the 1920s, whereby a proportion of light (1/500th of a notional sky dome from a given point within the room being tested) is calculated at multiple points, to show where diffuse skylight can reach the working plane. Before Beaumont v Florala, the Waldram method was the only method of measuring rights to light that had ever been considered by the courts.

To read the article in full please click here.

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