Scott v Goulding Properties Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1973
• Date: 01 January 1973
• Docket Number: [1967. No. 2392 P.]
• Court: Supreme Court

(S.C.)

Scott

and

Goulding Properties Ltd

Right to light - Infringement - Measure of damages - Ancient lights and modern windows.

Obstruction of part of the light reaching the ancient lights of a building on a dominant tenement gives the person in possession of that tenement a cause of action for damages consisting of compensation for the resultant diminution in the value of the tenement and for the resultant loss of amenity; but such damages should not include any element of compensation for the reduction, caused by the same act of obstruction, of the amount of light reaching the modern windows of the building. So Held by the Supreme Court (FitzGerald and McLoughlin JJ.; Walsh J. dissenting). Griffith v. Richard...