When is a covenant enforceable by a person who claims the benefit of it and who is not the original covenantee?
Writing in this week’s NLJ, barrister Andrew Francis, of Serle Court, takes a close look at the recent Court of Appeal case of Bath Rugby Ltd v Greenwood.
The case involved a rugby club in search of a new stadium. Legal difficulties arose even though the club owned the freehold title to the ground.
Francis reviews the case and suggests practical lessons to learn. He writes: ‘Bath Rugby is a lesson in how not to do it, and that can guide us now.’
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