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 [2017] 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 [2017] 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 [2017] 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 [2017] 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.