header-logo header-logo

13 June 2013 / Andrew Francis
Issue: 7564 / Categories: Features , Property
printer mail-detail

Litigation strikes twice

istock_000001892968large

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

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