Visit JCPCUKSC/2019/0006
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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Alexander Devine Children's Cancer Trust (Respondent) v Housing Solutions Ltd (Appellant)
Case summary
Case ID
UKSC/2019/0006
Parties
Appellant(s)
Housing Solutions Ltd
Respondent(s)
Alexander Devine Children's Cancer Trust
Issue
The correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925.
Facts
The appellant’s predecessor in title, Millgate Developments Ltd, built housing units on land near Maidenhead, in breach of restrictive covenants benefitting the adjoining land where a children’s hospice has been constructed. After the housing units were completed, Millgate applied for the modification or discharge of the restrictive covenants pursuant to s 84 Law of Property Act 1925. The Upper Tribunal granted the application, subject to the payment of compensation to the respondent, but the Court of Appeal overturned that decision and refused the s 84 application.
Date of issue
9 January 2019
Judgment appealed
Judgment details
Judgment date
6 November 2020
Neutral citation
[2020] UKSC 45
Judgment links
Judgment summary
6 November 2020
Appeal
Justices
Hearing dates
Start date
20 July 2020
End date
20 July 2020
Watch hearings
20 July 2020 - Morning session
20 July 2020 - Afternoon session
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Change log
Last updated 16 April 2024