Recent Cases on Restrictive Covenants
During this bite-size session property practitioner Richard Quenby will provide viewers with a round-up of recent case law concerning the modification or variation of restrictive covenants including:
· Pendennis Shipyard (Holdings) Limited & another v A&P Falmouth Limited & others  UKUT 430 (LC) - Richard will examine the Upper Tribunal’s decision to modify the covenant thereby protect the objectors from competition, whilst allowing the applicants to expand their non-competing activities.
· Barter Re Ivy House  UKUT 451 (LC) – In this case the Upper Tribunal UT was required to consider whether to exercise its discretion under LPA 1925, s 84(1) to discharge a recently imposed covenant.
· Sutton and East Surrey Water Plc v Kilby and others, Re Woodcote Reservoir  UKUT 248 (LC) - Richard will discuss the Upper Tribunal’s decision and the way in which this illustrates some of the difficulties that may be encountered when attempting to enforce pre-1926 covenants, particularly given the absence of statutory words of annexation to fall back on.
· Jones and another v Oven and another  EWHC 1647 (Ch) – In this instance the High Court were required to consider whether the phrase "retained land" meant not only the land actually retained by the transferor at the time, but also land which might be transferred back to the transferor in the future under the terms of the transfer.
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