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Salvage Wharf Limited and Birmingham Development Company Ltd v G & S Brough Ltd [2009] EWCA Civ 21; [2009] 2 P & CR 13

DATE: 29 Jan 2009

This case concerned the construction of the Cube, a new building in Birmingham. The Appellants contended that the terms of an agreement of 1999 had the effect of an agreement under s.3 of the Prescription Act 1832. The importance of the issue was related to compensation for the compulsory purchase of the Respondents property. HH Judge Purle QC held  in the Birmingham High Court that the agreement did not have this effect but only allowed some interference with light  arising from the construction of a specific proposed building. He accordingly cancelled a light obstruction notice served by the Appellants. The Court of Appeal upheld his decision.

Stephen Bickford-Smith acted for the Appellants at first instance and  (led by Ashley Underwood QC) on appeal.