header-logo header-logo

26 November 2020 / Andrew Francis
Issue: 7912 / Categories: Features , Property
printer mail-detail

Avoiding the stigma of cynical breach

32874
What can we learn from the Supreme Court’s judgment in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd, asks Andrew Francis
  • The Supreme Court has just emphasised the importance of the applicant’s conduct in applications to discharge, or modify restrictive covenants under s 84(1) Law of Property Act 1925. What can we learn from the judgment of that Court?

On 6 November 2020, the Supreme Court handed down its judgment in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45, [2020] All ER (D) 37 (Nov).

This article suggests that some lessons can be learnt from that judgment. It concentrates on those lessons and does not set out the facts in any detail. For those, reference can be made to the judgment itself, as well as to the other commentaries on the decision.

In this case the Supreme Court upheld the decision of the Court of Appeal in November 2018 which had allowed the Trust’s appeal against the decision of the Upper Tribunal (Lands Chamber)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Tracy Ashby

mfg Solicitors—Tracy Ashby

Birmingham partner returns to private client practice

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

No5 Barristers’ Chambers—Ian Tullett, Daniel Griffiths & Marc Forrest-Thomas

Set introduces C-suite leadership team to support continued growth

Coodes Solicitors—17 promotions

Coodes Solicitors—17 promotions

Firm promotes 17 lawyers, including five new partners, across multiple practice areas

NEWS
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
back-to-top-scroll