Recent Cases on Restrictive Covenants

Recent Cases on Restrictive Covenants

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Course Overview

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.

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 case you will:
  • • Be familiar with recent case law in respect of modifying or varying restrictive covenants
  • • Appreciate the impact which the decisions in cases detailed above have had on conveyancing practice and procedure
  • • Feel confident when handling matters which may require the variation or modification of a restrictive covenant

What is the target audience?

  • Conveyancing practitioners of all levels



About Instructor - Richard Quenby

Richard was called to the Bar in 1985. For the next thirteen years he practised at the Chancery Bar in Manchester, where he specialised in landlord and tenant, commercial property and insolvency work.

Richard now works as a freelance writer, tutor and lecturer. His published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the co-author of Flat Schemes in Residential and Mixed Use Developments, published by Bloomsbury Publishing.

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Notes
    9 Page
  • Slides
    5 Page
  • Discussion Points
    1 Page


  • Quiz