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Bowring Services Ltd v Scottish Widows' Fund and Life Assurance

Language: English Series: Estates Gazette ; (1995) 16 EG 206-213(8)Publication details: 1995Subject(s): Summary: ChD 11 February 1995. The defendants registered a a temporary obstruction notice under Rights of Light Act 1959 s2 and within the expiry date of this a definitive certificate was lodged. Held that the plaintiff, issuing a writ twelve months after the temporary notice was out of time. A claim under Prescription Act 1832 failed as there had been an obstruction of the rights of light for over a year.

ChD 11 February 1995. The defendants registered a a temporary obstruction notice under Rights of Light Act 1959 s2 and within the expiry date of this a definitive certificate was lodged. Held that the plaintiff, issuing a writ twelve months after the temporary notice was out of time. A claim under Prescription Act 1832 failed as there had been an obstruction of the rights of light for over a year.