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Prescription meaning

What does Prescription mean?
In property practice, prescription is the process by which rights are acquired over another’s land—most often an easement or profit à prendre—by long, uninterrupted use ‘as of right’ (nec vi, nec clam, nec precario). Used to establish rights of way, drainage and rights to take natural products. England and Wales: acquisition may arise at common law (largely theoretical), under the doctrine of lost modern grant (typically 20 years’ user), or under the Prescription Act 1832 (qualified rights after 20 years; absolute after 40), all shaped by case law. Northern Ireland: the position broadly mirrors England and Wales, with statutory prescription derived from nineteenth‑century legislation and case law. Scotland: ‘prescription’ also covers the broader law of acquisition and extinction of rights. Positive prescription can create servitudes and public rights of way after 20 years’ open, peaceable and judicially uninterrupted use under the Prescription and Limitation (Scotland) Act 1973. Ireland: prescription of easements and profits is governed by statute, principally the Land and Conveyancing Law Reform Act 2009 (as amended 2021). The regime and user periods are statutory; practitioners should check current transitional rules. Use is defeated by permission, secrecy, force or effective interruption.
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CHECKLISTS
English law debt securities terms and conditions: practitioners' review and negotiation checklist for first-time issuers, covering secured/unsecured, trustee or fiscal agent, bearer or registered, and mini-bonds

What this checklist covers This checklist sets out the principal matters a solicitor guiding a first time issuer must verify and, where appropriate, propose changes to, when reviewing English law terms and conditions governing an issue of debt securities...

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CHECKLISTS
Rights of light: lease and related document review checklist—express/implied grants, reservations, prescription, assignments and releases (England and Wales)

This Checklist This Checklist outlines which provisions in a lease and other relevant associated documentation should be carefully examined to ascertain whether a right of light subsists. A right of light is an easement granting a landowner the entitlement to receive natural light through an opening in a building on its land. The owner of the land encumbered by that right (the 'servient Building') must not impede or disturb it without first obtaining consent. For any proposed development, it is therefore essential to identify neighbouring properties that could be enjoying a right of light (the 'dominant Building'). For further information on rights of light, see the following Practice Notes: Establishing and maintaining rights of light Rights of light—obstruction notices Rights of light claims Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, meaning that those with less than a freehold interest can acquire a right of light in their own...

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CHECKLISTS
Converting English law construction contracts for use under Scots law: practical checklist on execution, schedules, prescription, assignation, transfer of title to materials, and legislative terminology

At first glance, a Scots law building contract, professional appointment or collateral warranty will seem much like its English law counterpart to any experienced practitioner. Look more closely, though, and you will find a range of subtle but significant distinctions that merit attention. This Checklist sets out practical pointers for converting an English law construction contract into one that complies with Scots law (often referred to as ‘kilting’ a contract). It is not comprehensive and proceeds on the basis that the parties are using standard mid-market construction forms without extensive project-specific drafting. Where such bespoke drafting is included, further divergences between Scots and English law may need to be considered. Execution issues There is no concept of ‘execution as a deed’ under Scots law. Scots law documents are ordinarily signed in ‘self-proving’ form pursuant to the Requirements of Writing (Scotland) Act 1995. They are not front-dated; instead, each party inserts its own signing date within its respective execution block...

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NEWS
Commercial law weekly: ASA weight-loss ads rulings and airline baggage pricing probe; EWHC wet-lease force majeure decision; HMRC customs guidance; Procurement Act 2023 commencement—18 December 2025

In this issue: Advertising, marketing and sponsorship Contracts International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Commercial Highlights 2025/2026 Advertising, marketing and sponsorship ASA rulings—17 December 2025 The Advertising Standards Authority (ASA) received six objections about adverts for weight-loss medicines and services, covering promotion of prescription-only medicines, irresponsible body-image messaging and gender stereotyping, plus assertions that a medicine assists beyond its authorised indication. The ASA upheld the complaints. See: LNB News 17/12/2025 20. Which? finds budget airlines’ cabin bag fees far higher than advertised Consumer's Association (Which?) carried out research into budget airline bag pricing, finding that major carriers such as RyanAir and Easyjet routinely fail to include in the advertised total the realistic cost of baggage. Which? has referred its findings to the ASA for misleading 'from' price claims and the ASA is investigating. See: LNB News 15/12/2025 14....

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NEWS
Parking easement by prescription compatible with prior right of way; use ‘as of right’, not public; no entitlement to block access: Poste Hotels v Cousins [2020] EWHC 582 (Ch)

Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) The central question was whether the defendant enjoyed a parking easement giving her the liberty to leave a vehicle in Church Court, Stamford. The County Court judge found that she had acquired such a parking right by prescription, and the claimant challenged that conclusion on appeal. What are the practical implications of this case? The ruling restates key principles on prescriptive easements that advisers should note: Where there are two plausible lawful bases for the use, and the pattern of enjoyment fits either explanation equally, use as of right is not made out A prior grant of a right of way across the car park did not prevent the car park owner from being capable of granting a (hypothetical) right to park, which would operate subject to the earlier right of way; however, the prior grant could not be disturbed Parking may still be ‘as of right’ even if it is exercised subject to the...

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NEWS
UK Public Law Weekly Update: Brexit Oversight Changes, Constitutional Developments, Leading JR and ECHR Cases, Equality and Human Rights, Subsidy Control and Procurement Act Guidance—8 August 2024

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

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PRACTICE NOTES
Recognition and enforcement of arbitral awards in Mauritius: New York Convention framework, procedure, and public policy defences, with Privy Council guidance (Betamax) and Supreme Court approach (Cruz City)

The Mauritian legal system Mauritius operates a mixed legal order, blending French civil law heritage with British common law traditions. It exhibits a dual structure: procedures in both criminal and civil proceedings are largely English in origin, while much of the substantive framework derives from the French Napoleonic Code. The jurisdiction therefore embodies both civil law and common law traits, reshaped to suit domestic requirements and yielding a distinctive body of Mauritian law. This duality appears in the separate regimes applicable to domestic and international arbitration. Rules for domestic arbitration are set out in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), drawn from a French version, whereas international arbitration falls under the International Arbitration Act 2008 (IAA 2008), modelled on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For further detail on arbitration in Mauritius, see Practice Notes: Arbitration in Mauritius and International arbitration in Mauritius. Notably, the International Arbitration Act 2008 (the IAA 2008) omits the enactment of articles 35 and 36...

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PRACTICE NOTES
Scots and English Contract Law Compared: Formation and Unilateral Promise, Assignation, Third-party Rights, Remedies (Mutuality, Retention/Rescission), UCTA Differences, Prescription, and 2026 Contract (Formation and Remedies) (Scotland) Bill Reforms

Scots contract law Although they have separate origins, Scots contract law has, in many respects, drawn closer to the English position. English-law notions such as undue influence and anticipatory breach have been taken into Scots contract law, and some leading authorities coincide across both systems. Nonetheless, there remain important differences that it is sensible to keep in view. The aim of this Practice Note is to point out some of the key differences between Scots and English contract law in these areas...

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PRACTICE NOTES
Solicitors' final and interim billing: SRA and Solicitors Act 1974 requirements on drafting, delivery, VAT, assessment rights and enforcement (England and Wales)

This Practice Note addresses regulatory obligations and practical considerations concerning the layout and substance of a client’s final bill of costs, including situations where an interim statute bill has been issued. It also sets out how interim bills should be dealt with when you come to serve your final bill. While the words ‘bill’ and ‘invoice’ are often treated as interchangeable, this Practice Note consistently uses the term ‘bill’. There is no specific statutory or regulatory prescription for the precise form or contents of a client’s final bill. However, that does not entitle you to present the bill in any format you wish. You must ensure that you: comply with the information and related obligations in the SRA Standards and Regulations, which, though not directed at bills expressly, do apply to your bill in an indirect way are able, if the bill remains unpaid, to take action to recover your costs Contentious and non-contentious work Some of the requirements outlined in this...

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PRECEDENTS
Precedent particulars of claim for interference with right to light (Prescription Act 1832; Rights of Light Act 1959 s.2) — declarations, injunctions, mandatory orders and damages (England and Wales)

Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] Claimant and [ insert name ] Defendant Particulars of claim The Claimant holds the [ freehold ] title to [ set out nature of the interest in and the identifying details of the property in respect of which the right to light exists—Address/title number etc ] (the “Property”). For identification purposes only, the extent of the Property is depicted on [ insert details of how the Property is shown on the plan ] appended hereto (“Plan [ number of plan ]”). The Claimant is the proprietor of the building known as [ Name of building ], which lies...

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PRECEDENTS
Precedent Particulars of Claim: Pharmacist’s Dispensing Error – Negligence/Breach of Contract – England and Wales

IN THE COUNTY COURT AT [ insert location ] Claim No. [ insert number ] [ insert name ] Claimant and [ insert name ] Defendant PARTICULARS OF CLAIM 1 The Defendant has, at all relevant times, been a practising pharmacist operating from retail premises at [ insert address ]. 2 On 18 October 2025 the Claimant, who has irritable bowel syndrome and routinely receives prescriptions for Loperamide, attended the pharmacy to collect their medication. On that occasion, the Defendant prepared and the Claimant was, in error, supplied to them an alternative medicine, namely Loratadine instead. 3 The Claimant remitted to the Defendant the amount of £[ insert prescription charge paid ] for the NHS prescription...

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PRECEDENTS
Acknowledgement of Permissive Use to Prevent Prescriptive Right of Way (England and Wales)

acknowledgEment From: [ name of the first user of route ] [ plus [ name of the second user of route ] ] To: [ name of the first owner of route ] [ plus [ name of the second owner of route ] ] [ I or We ], [ name of the first user of route ] [ together with [ name of the second user of route ] ] [ both...

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Q&As
Excluding LPA 1925 s62: tenant’s benefit of building‑wide easements not expressly granted

Easements relating to demised property: Hill and Redman’s Law of Landlord and Tenant [1028] sets out a helpful account of the operation of section 62 of the Law of Property Act 1925 (LPA 1925) in the context of leases: in summary, a lease of land, or of land with buildings, brings with it, without express wording, all easements belonging or thought to belong to the demised property or any part of it, or which at the date of the lease were occupied and enjoyed with it or any part, or treated or recognised as part and parcel of, or appurtenant to, the demised property or any part, unless the lease makes a contrary intention clear. In this matter, this Q&A confirms that the effect of LPA 1925, s 62 has, as is customary, been excluded, and therefore we do not consider that provision further... Express grant of the right of way? ...

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Q&As
Express grant v prescriptive easements: priority and defect claim

An easement is a right enjoyed by one piece of land (the dominant tenement) over adjacent land (the servient tenement). There are numerous varieties of easement; rights of way are the best known, yet they cover rights to take water, and rights relating to storage, parking, access and the like. Easements are attached to the land and are registrable, which means they will bind later owners of the servient land and will continue to benefit the dominant land even following a change in ownership, making them proprietary rights, as opposed to a licence personal to a landowner from time to time...

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Q&As
Prescription Act & lost modern grant: consent after 20yr parking

For this Q&A, we proceed on the basis that the easements are recorded on the title... Prescription Act 1832 The Prescription Act 1832 (PA 1832) sets out a statutory route for acquiring easements by prescription, operating in parallel with common law prescription and the doctrine of lost modern grant. The statutory framework can be outlined as follows: Easements other than rights of light: continuous, uninterrupted enjoyment for 40 years establishes a claim that is indefeasible save by express consent. Enjoyment for 20 years creates a claim that cannot be defeated by showing the right could not have existed since 1180, though it may still be overcome by any other available defences...

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