Visit JCPCUKSC/2018/0062
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HOUSING, LANDLORD & TENANT
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
Judgment summary
19 August 2020
Appeal
Justices
Hearing dates
Full hearing
Start date
28 January 2020
End date
29 January 2020
Watch hearings
28 January 2020 - Morning session
28 January 2020 - Afternoon session
29 January 2020 - Morning session
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Last updated 16 April 2024