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13 June 2013 / Andrew Francis
Issue: 7564 / Categories: Features , Property
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Litigation strikes twice

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Holland Park provides a lesson in restrictive covenants, says Andrew Francis

It is rare for High Court litigation about restrictive covenants over freehold land to affect a particular property more than once. One instance of this is the revisiting of the well-known principles in Tulk v Moxay (1848) (concerning covenants protecting Leicester Square) just over 140 years later in R v Westminster City Council ex parte Leicester Square Coventry Street Association in 1989 ((1989) 59 P&CR 51) where the same covenants were in issue.

A more recent example, and the subject of this article, is the litigation over a small, but valuable piece of land (the property) adjoining 89 Holland Park (No. 89), in west London, suitable for building a house. The property first came to fame among lawyers when a dispute over a covenant to build a wall between No. 89 and the property was heard by Oliver J in March 1977. His judgment in Radford v De Froberville [1977] 1 WLR 1262 remains the locus classicus on the measure of damages

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Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

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An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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