Restrictive Covenants and s84 Procedure

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Course Overview

Hailed as a victory for property developers, the somewhat unusual case of Derreb Ltd v Blackheath Cator Estate Residents Ltd [2017], in which a developer successfully argued for a restrictive covenant to be modified, thereby allowing its proposed development of a private estate to proceed, offers a useful insight into the types of conditions which the Upper Tribunal can impose to satisfy the objectors concerns.

During this bite-size session, lecturer and barrister Rachel Coyle of 36 Civil (The 36 Group) will examine  the case of  Derreb Ltd v Blackheath Cator Estate Residents Ltd [2017] and will answer the following questions:

·         What are the facts? What are the principles?

·         How does section 84(1)(c) interact, if at all, with section 84(1A)?

·         What did the Tribunal decide in relation to ground (a) and/or (aa)?

·         Did the Tribunal set out restrictions? If so, what were they?

In addition, Rachel will ensure that viewers are fully acquainted with the following:

·         Driscoll v Church Commissioners for England [1957] 1QB 330

·         Re Greaves (1965)17 P&CR 57. 

·         Section 84 Law of Property Act 1925

o    84(1)(c)

o    84(1A)

What are the requirements?

  • Watch the recorded webinar and review the supporting documentation
  • This course provides 0.5 - 1 CPD point (depending on length of time spent reviewing the supporting documentation).

Learning Outcomes

  • On completion of this course you will understand the facts in respect of Derreb Ltd v Blackheath Cator Estate Residents Ltd [2017] and appreciate this case’s important when dealing with matters involving covenants and section 84

What is the target audience?

  • This course is suitable for commerical property practitioners of all levels



About Instructor - Rachel Coyle

Rachel is a specialist Civil Barrister at The 36 Group and enjoys a thriving practice in general civil and commercial work.

Rachel has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to the Bar and joining 36 Civil, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals.

Rachel is also direct access qualified.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Notes
    4 Page
  • Slides
    5 Page
  • Evaluation
    1 Page


  • slides were limited but course notes made up for that
    3 years ago