[2024] UKUT 00153 (LC)

As I have said, the Respondents are solicitors. They practise as the firm of French & Co, and have done so at all times material to the Application. The Respondents practised from part of Number 5 between 1991 and 1996, when they acquired Number 6 and commenced practice from Number 6.

At the Hearing the Respondents gave evidence that, when they were practising from Number 5, they and others used the Staircase to obtain access to and from the front door of Number 5. As from 1996 their evidence was that they and others had used the Staircase to obtain access to and from the front door of Number 6.

By the Application the Respondents applied for the registration of an easement by prescription over the Blue Land. Specifically, the Respondents claimed that they had acquired by prescription, for the benefit of Number 6, a right of way to pass, on foot, over the Blue Land and the Staircase, for the purpose of obtaining access to and from Number 6.

I will refer to the right of way which the Respondents have claimed, on the basis of prescription, as “the Right of Way”. It will be appreciated that this form of expression is not intended to prejudge the questions which I have to decide in relation to the Appeal and the Cross Appeal.