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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll