Michael Barnes KC – författare

The book provides the authoritative statement on the current law on rights of light in England and Wales. The protection of the access of natural light to properties has been a part of our property law for centuries but in recent years has come into particular prominence. This is due to a number of reasons including the existence of easements of light being regarded as an inhibition on new development and the unsatisfactory nature of parts of the law on this subject. This has given rise to two reports in recent years by the Law Commission (one on easements generally in 2011 and one on rights of light specifically in 2014), both containing major proposals for law reform. The purpose of this legal textbook is to explain the law as clearly as possible. In practice rights of light issues and disputes involve technical subjects and inevitably answers to these questions require the expertise of technical experts such as light surveyors. An attempt is made in the book to explain from a non-technical point of view the way in which measurements and calculations are carried out in this area. It is therefore hoped that the book will be of use to lawyers as well as to landowners who may not always understand these technical subjects and to surveyors who may not always be familiar with the legal concepts and difficulties involved in the area of the law of rights of light.

The book provides the authoritative statement on the current law on rights of light in England and Wales. The protection of the access of natural light to properties has been a part of our property law for centuries but in recent years has come into particular prominence. This is due to a number of reasons including the existence of easements of light being regarded as an inhibition on new development and the unsatisfactory nature of parts of the law on this subject. This has given rise to two reports in recent years by the Law Commission (one on easements generally in 2011 and one on rights of light specifically in 2014), both containing major proposals for law reform. The purpose of this legal textbook is to explain the law as clearly as possible. In practice rights of light issues and disputes involve technical subjects and inevitably answers to these questions require the expertise of technical experts such as light surveyors. An attempt is made in the book to explain from a non-technical point of view the way in which measurements and calculations are carried out in this area. It is therefore hoped that the book will be of use to lawyers as well as to landowners who may not always understand these technical subjects and to surveyors who may not always be familiar with the legal concepts and difficulties involved in the area of the law of rights of light.

This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.

This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.

This book is a statement of the current law of compulsory purchase of land and compensation for that purchase. It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition. The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood. The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions. The book also attempts to explain the purpose of the statutory provisions and the reason for the rules that are derived from the authorities. Chapters of the book are devoted to the procedure for formulating and pursuing a claim for compensation and to the valuation principles which must be applied in advancing claims. An Appendix is provided by Mr Nicholas Eden FRICS, a leading valuer in the field, which contains examples of different types of compensation valuation with annotations as to how the valuations are prepared and built up. A further aim of the book is to provide, where possible, practical advice to public authorities and landowners involved in the process of compulsory purchase and compensation as well as to explain the legal principles.