Peninsula Securities Ltd (Respondent) v Dunnes Stores (Bangor) Ltd (Appellant) (Northern Ireland)

Case summary

Case ID

UKSC/2018/0062

Parties

Appellant(s)

Dunnes Stores (Bangor) Ltd

Respondent(s)

Peninsula Securities Ltd

Issue

Whether the doctrine of restraint of trade applies to a restrictive covenant in a lease granted by the respondent’s predecessor in title to the appellant.

Facts

Mr Shortall, the freehold owner of land in Londonderry, wished to develop a shopping centre on the land. On 2 February 1981 he granted a 999-year lease of part of the land to the appellant. The lease contained a restrictive covenant that any development on the remaining land would not contain a large unit for the purpose of trading in textiles, provisions or groceries. In 1983 Mr Shortall transferred the freehold and his interest in the lease to the respondent. In 2010 the respondent issued proceedings for, amongst other matters, a declaration that the restrictive covenant was unenforceable as an unreasonable restraint of trade. This issue was determined in the High Court as a preliminary issue.

Date of issue

12 March 2018

Judgment appealed

Judgment details

Judgment date

19 August 2020

Neutral citation

[2020] UKSC 36

Judgment links

Appeal

Justices

Lord Wilson

Lord Carnwath

Lord Lloyd-Jones

Lady Arden

Lord Kitchin

Hearing dates

Full hearing

Start date

28 January 2020

End date

29 January 2020

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