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.
