The Bankside Yards decision will recalibrate the right to light insurance market, shifting focus to negotiation damages. Courts are unlikely to grant injunctions for moderate interference, especially where developers act transparently and the project serves public or economic interest. Right to light insurance will continue to underpin urban regeneration but the current market will also demand caution. Astute neighbours will negotiate a share of anticipated profits. Developers can expect more rigorous oversight from insurers during the agreed conduct phase and there will be a particular focus on the need to demonstrate good conduct. We expect the market to settle over the next year.




